Self-Regulatory Organizations; Boston Stock Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Its Boston Options Exchange Trading Rules Regarding the Extension of a Pilot Program That Increases the Standard Position and Exercise Limits for Certain Options Traded, 48992-48994 [E5-4552]
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48992
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Notices
Program other than to extend it for six
months through February 23, 2006.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act 8 in general and furthers the
objective of section 6(b)(5) of the Act 9
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, and to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange believes that the
proposed rule change would impose no
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received by the Exchange on this
proposal.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing rule change
does not: (1) Significantly affect the
protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to section
19(b)(3)(A) of the Act 10 and Rule 19b–
4(f)(6) thereunder.11
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.12 However, Rule 19b–
4(f)(6)(iii) 13 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the five-day prefiling notice requirement and the 30-day
pre-operative delay. The Commission is
exercising its authority to waive the
five-day pre-filing requirement and
8 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
10 15 U.S.C. 78s(b)(3)(A).
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
13 Id.
16:09 Aug 19, 2005
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
No. SR–Amex–2005–082 on the subject
line.
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
No. SR–Amex–2005–082. This file
number should be included on the
subject line if e-mail 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 (https://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 inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549. Copies of such filing will also
be available for inspection and copying
at the principal office of the Amex. 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 No.
SR–Amex–2005–082 and should be
submitted on or before September 12,
2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.15
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–4551 Filed 8–19–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–52264; File No. SR–BSE–
2005–37]
Self-Regulatory Organizations; Boston
Stock Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change Relating to Its
Boston Options Exchange Trading
Rules Regarding the Extension of a
Pilot Program That Increases the
Standard Position and Exercise Limits
for Certain Options Traded
August 15, 2005.
Pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on August
11, 2005, the Boston Stock Exchange,
Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
items I and II below, which items have
been prepared by BSE. The Exchange
has filed the proposal as a ‘‘noncontroversial’’ rule change pursuant to
section 19(b)(3)(A) of the Act 3 and Rule
19b–4(f)(6) thereunder,4 which renders
it effective upon filing with the
Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
15 17
9 15
VerDate jul<14>2003
believes that waiver of the 30-day preoperative delay is consistent with the
protection of investors and in the public
interest. Waiving the five-day pre-filing
requirement and 30-day pre-operative
delay will allow the Pilot Program to
continue uninterrupted.14
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
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 Act.
14 For
the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
Jkt 205001
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
1 15
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Notices
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The BSE proposes to amend the rules
of the Boston Options Exchange
(‘‘BOX’’), an options trading facility of
the BSE, to extend its current pilot
program to increase the standard
position and exercise limits for equity
option contracts and options on the
Nasdaq-100 Index Tracking Stock
(‘‘QQQQ’’) (‘‘Pilot Program’’) for another
six months, from September 4, 2005, to
March 3, 2006. The text of the proposed
rule change is available on the BSE’s
Web site (https://www.bostonstock.com),
at the BSE’s principal office, and at the
Commission’s Public Reference Room.
position and exercise limits for options
on the QQQQ and for equity option
classes traded on BOX would be
increased to the following levels: 6
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
BSE included statements concerning the
purpose of and basis for the proposed
rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in item IV below. The Exchange has
prepared summaries, set forth in
sections A, B, and C below, of the most
significant aspects of such statements.
BOX’s standard position limits have
been in effect since BOX commenced
trading in February 2004. These
standard position limits are the same as
the standard position limits at the other
options exchanges at that time, which
were last increased on December 31,
1998.7 Since that time, there has been a
steady increase in the number of
accounts on the options exchanges that:
(a) Approach the position limit; (b)
exceed the position limit; and (c) are
granted an exemption to the standard
limit. Several member firms have
petitioned the options exchanges to
either eliminate position limits, or in
lieu of total elimination, increase the
current levels and expand the available
hedge exemptions. Currently all of the
options exchanges are operating under a
similar pilot program which increases
the standard position and exercise
limits for options on the QQQQ and for
equity option classes. A review of
available data indicates that the majority
of accounts that maintain sizable
positions are in those option classes
subject to the 60,000 and 75,000 tier
limits. There also has been an increase
in the number of accounts that maintain
sizable positions in the lower three tiers.
In addition, overall volume in the
options market has consistently
increased over the past five years. The
Exchange believes that the increase in
options volume and lack of evidence of
market manipulation occurrences
during that same period justifies the
proposed increases in the position and
exercise limits.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to extend the
Pilot Program, which includes changes
to section 7 (Position Limits) and
section 9 (Exercise Limits) of Chapter III
of the BOX Rules. Section 7 of Chapter
III of the BOX Rules subjects equity
options to one of five different position
limits depending on the trading volume
and outstanding shares of the
underlying security. Section 9 of
Chapter III of the BOX Rules establishes
exercise limits for the corresponding
options at the same levels as the
corresponding security’s position limits.
On March 3, 2005, the Exchange issued
notice of the proposed rule change
establishing the Pilot Program, which
was effective upon filing with the
Commission.5
Standard Position and Exercise Limits
The Exchange proposes to extend for
BOX the Pilot Program for a period of
six months during which the standard
Current equity option contract limit
13,500
22,500
31,500
60,000
75,000
contracts
contracts
contracts
contracts
contracts
........
........
........
........
........
Pilot Program equity option contract
limit
25,000 contracts.
50,000 contracts.
75,000 contracts.
200,000 contracts.
250,000 contracts.
Current QQQQ OpPilot Program
tion Contract Limit.
QQQQ Option
Contract Limit
300,000 contracts ......
900,000 contracts.
Manipulation
The Exchange believes that position
and exercise limits, at their current
6 Except
5 See
Securities Exchange Act Release No. 51317
(March 3, 2005), 70 FR 12254 (March 11, 2005)
(notice and immediate effectiveness of File No. SR–
BSE–2005–10).
VerDate jul<14>2003
17:01 Aug 19, 2005
Jkt 205001
when the Pilot Program is in effect.
Securities Exchange Act Release No. 40875
(December 31, 1998), 64 FR 1842 (January 12, 1999)
(SR–CBOE–98–25) (approval of increase in position
limits and exercise limits).
PO 00000
7 See
Frm 00062
Fmt 4703
Sfmt 4703
48993
levels, no longer serve their stated
purpose. The Commission has
previously stated that:
Since the inception of standardized
options trading, the options exchanges have
had rules imposing limits on the aggregate
number of options contracts that a member
or customer could hold or exercise. These
rules are intended to prevent the
establishment of options positions that can
be used or might create incentives to
manipulate or disrupt the underlying market
so as to benefit the options position. In
particular, position and exercise limits are
designed to minimize the potential for minimanipulations and for corners or squeezes of
the underlying market. In addition such
limits serve to reduce the possibility for
disruption of the options market itself,
especially in illiquid options classes.8
The Exchange believes that the
existing surveillance procedures and
reporting requirements at BOX and
other options exchanges and at the
several clearing firms are capable of
properly identifying unusual and/or
illegal trading activity. In addition, the
Exchange states that when the
Commission reviewed BOX’s regulatory
program before allowing BOX to begin
trading, the Commission did not
uncover any material inconsistencies or
shortcomings in the manner in which
BOX Regulation’s market surveillance of
BOX would be conducted. These
procedures utilize daily monitoring of
market movements via automated
surveillance techniques to identify
unusual activity in both options and in
underlying stocks.
Furthermore, large stock holdings
must be disclosed to the Commission by
way of Schedules 13D or 13G.9 Options
positions are part of any reportable
positions and, thus, cannot be legally
hidden. In addition, section 10 of
Chapter III of the BOX Rules, which
requires members to file reports with
the Exchange for any customer or
member who held aggregate long or
short positions of 200 or more option
contracts of any single class for the
previous day, will remain unchanged
and will continue to serve as an
important part of the Exchange’s
surveillance efforts.
The Exchange believes that restrictive
equity position limits prevent large
customers, such as mutual funds and
pension funds, from using options to
gain meaningful exposure to individual
stocks. This can result in lost liquidity
in both the options market and the stock
market. In addition, the Exchange has
found that restrictive limits and narrow
8 See Securities Exchange Act Release No. 39489
(December 24, 1997), 63 FR 276 (January 5, 1998)
(SR–CBOE–97–11) (approval of increase in position
limits and exercise limits for OEX index options).
9 17 CFR 240.13d–1.
E:\FR\FM\22AUN1.SGM
22AUN1
48994
Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Notices
hedge exemption relief restrict member
firms from adequately facilitating
customer order flow and offsetting the
risks of such facilitations in the listed
options market. The fact that position
limits are calculated on a gross rather
than a delta basis also is an impediment.
Financial Requirements
The Exchange believes that the
current financial requirements imposed
by the Exchange and by the Commission
adequately address concerns that a
member or its customer may try to
maintain an inordinately large
unhedged position in an equity option.
Current margin and risk-based haircut
methodologies serve to limit the size of
positions maintained by any one
account by increasing the margin and/
or capital that a member must maintain
for a large position held by itself or by
its customer. Also, the Commission’s
net capital rule, Rule 15c3–1 under the
Act,10 imposes a capital charge on
members to the extent of any margin
deficiency resulting from the higher
margin requirement.
Finally, equity position limits have
been gradually expanded from 1,000
contracts in 1973 to the current level of
75,000 contracts for options on the
largest and most active underlying
securities. To date, the Exchange
believes that there have been no adverse
affects on the market as a result of these
past increases in the limits for equity
option contracts.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act,11 in general, and furthers the
objective of section 6(b)(5) of the Act,12
in particular, in that it is designed to
promote just and equitable principles of
trade and to protect investors and the
public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the forgoing rule change does
not: (1) Significantly affect the
protection of investors or the public
interest; (2) impose any significant
burden on competition; and (3) become
operative for 30 days after the date of
this filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to section
19(b)(3)(A) of the Act 13 and Rule 19b–
4(f)(6) thereunder.14
A proposed rule change filed under
19b–4(f)(6) normally may not become
operative prior to 30 days after the date
of filing.15 However, Rule 19b–
4(f)(6)(iii) 16 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the five-day prefiling notice requirement and the 30-day
pre-operative delay. The Commission is
exercising its authority to waive the
five-day pre-filing requirement and
believes that waiver of the 30-day preoperative delay is consistent with the
protection of investors and in the public
interest. Waiving the five-day pre-filing
requirement and 30-day pre-operative
delay will allow the Pilot Program to
continue uninterrupted.17
At any time within 60 days of the
filing of the proposed rule change, the
Commission may summarily abrogate
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 Act.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Paper Comments
• Send paper comments in triplicate
to Jonathan G. Katz, Secretary,
Securities and Exchange Commission,
Station Place, 100 F Street, NE.,
Washington, DC 20549–9303.
All submissions should refer to File
No. SR–BSE–2005–37. This file number
should be included on the subject line
if e-mail 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 (https://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 inspection and copying in
the Commission’s Public Reference
Room, 100 F Street, NE., Washington,
DC 20549. Copies of such filing will also
be available for inspection and copying
at the principal office of the BSE. 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 No.
SR–BSE–2005–37 and should be
submitted on or before September 12,
2005.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.18
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5–4552 Filed 8–19–05; 8:45 am]
BILLING CODE 8010–01–P
13 15
The Exchange has neither solicited
nor received comments on the proposed
rule change.
10 17
CFR 240.15c3–1.
U.S.C. 78f(b).
12 15 U.S.C. 78f(b)(5).
11 15
VerDate jul<14>2003
16:09 Aug 19, 2005
Jkt 205001
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
15 17 CFR 240.19b–4(f)(6)(iii).
16 Id.
17 For the purposes only of waiving the operative
date of this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
No. SR–BSE–2005–37 on the subject
line.
PO 00000
14 17
Frm 00063
Fmt 4703
Sfmt 4703
18 17
E:\FR\FM\22AUN1.SGM
CFR 200.30–3(a)(12).
22AUN1
]]>Agencies
[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Notices]
[Pages 48992-48994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-4552]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-52264; File No. SR-BSE-2005-37]
Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Its Boston Options Exchange Trading Rules Regarding the
Extension of a Pilot Program That Increases the Standard Position and
Exercise Limits for Certain Options Traded
August 15, 2005.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 11, 2005, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in items I and
II below, which items have been prepared by BSE. The Exchange has filed
the proposal as a ``non-controversial'' rule change pursuant to section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which
renders it effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
[[Page 48993]]
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The BSE proposes to amend the rules of the Boston Options Exchange
(``BOX''), an options trading facility of the BSE, to extend its
current pilot program to increase the standard position and exercise
limits for equity option contracts and options on the Nasdaq-100 Index
Tracking Stock (``QQQQ'') (``Pilot Program'') for another six months,
from September 4, 2005, to March 3, 2006. The text of the proposed rule
change is available on the BSE's Web site (https://www.bostonstock.com),
at the BSE's principal office, and at the Commission's Public Reference
Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the BSE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to extend the Pilot Program, which includes
changes to section 7 (Position Limits) and section 9 (Exercise Limits)
of Chapter III of the BOX Rules. Section 7 of Chapter III of the BOX
Rules subjects equity options to one of five different position limits
depending on the trading volume and outstanding shares of the
underlying security. Section 9 of Chapter III of the BOX Rules
establishes exercise limits for the corresponding options at the same
levels as the corresponding security's position limits. On March 3,
2005, the Exchange issued notice of the proposed rule change
establishing the Pilot Program, which was effective upon filing with
the Commission.\5\
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 51317 (March 3,
2005), 70 FR 12254 (March 11, 2005) (notice and immediate
effectiveness of File No. SR-BSE-2005-10).
---------------------------------------------------------------------------
Standard Position and Exercise Limits
The Exchange proposes to extend for BOX the Pilot Program for a
period of six months during which the standard position and exercise
limits for options on the QQQQ and for equity option classes traded on
BOX would be increased to the following levels: \6\
------------------------------------------------------------------------
Pilot Program equity option
Current equity option contract limit contract limit
------------------------------------------------------------------------
13,500 contracts.......................... 25,000 contracts.
22,500 contracts.......................... 50,000 contracts.
31,500 contracts.......................... 75,000 contracts.
60,000 contracts.......................... 200,000 contracts.
75,000 contracts.......................... 250,000 contracts.
-------------------------------------------
Current QQQQ Option Contract Limit........ Pilot Program QQQQ Option
Contract Limit
-------------------------------------------
300,000 contracts......................... 900,000 contracts.
------------------------------------------------------------------------
BOX's standard position limits have been in effect since BOX
commenced trading in February 2004. These standard position limits are
the same as the standard position limits at the other options exchanges
at that time, which were last increased on December 31, 1998.\7\ Since
that time, there has been a steady increase in the number of accounts
on the options exchanges that: (a) Approach the position limit; (b)
exceed the position limit; and (c) are granted an exemption to the
standard limit. Several member firms have petitioned the options
exchanges to either eliminate position limits, or in lieu of total
elimination, increase the current levels and expand the available hedge
exemptions. Currently all of the options exchanges are operating under
a similar pilot program which increases the standard position and
exercise limits for options on the QQQQ and for equity option classes.
A review of available data indicates that the majority of accounts that
maintain sizable positions are in those option classes subject to the
60,000 and 75,000 tier limits. There also has been an increase in the
number of accounts that maintain sizable positions in the lower three
tiers. In addition, overall volume in the options market has
consistently increased over the past five years. The Exchange believes
that the increase in options volume and lack of evidence of market
manipulation occurrences during that same period justifies the proposed
increases in the position and exercise limits.
---------------------------------------------------------------------------
\6\ Except when the Pilot Program is in effect.
\7\ See Securities Exchange Act Release No. 40875 (December 31,
1998), 64 FR 1842 (January 12, 1999) (SR-CBOE-98-25) (approval of
increase in position limits and exercise limits).
---------------------------------------------------------------------------
Manipulation
The Exchange believes that position and exercise limits, at their
current levels, no longer serve their stated purpose. The Commission
has previously stated that:
Since the inception of standardized options trading, the options
exchanges have had rules imposing limits on the aggregate number of
options contracts that a member or customer could hold or exercise.
These rules are intended to prevent the establishment of options
positions that can be used or might create incentives to manipulate
or disrupt the underlying market so as to benefit the options
position. In particular, position and exercise limits are designed
to minimize the potential for mini-manipulations and for corners or
squeezes of the underlying market. In addition such limits serve to
reduce the possibility for disruption of the options market itself,
especially in illiquid options classes.\8\
---------------------------------------------------------------------------
\8\ See Securities Exchange Act Release No. 39489 (December 24,
1997), 63 FR 276 (January 5, 1998) (SR-CBOE-97-11) (approval of
increase in position limits and exercise limits for OEX index
options).
The Exchange believes that the existing surveillance procedures and
reporting requirements at BOX and other options exchanges and at the
several clearing firms are capable of properly identifying unusual and/
or illegal trading activity. In addition, the Exchange states that when
the Commission reviewed BOX's regulatory program before allowing BOX to
begin trading, the Commission did not uncover any material
inconsistencies or shortcomings in the manner in which BOX Regulation's
market surveillance of BOX would be conducted. These procedures utilize
daily monitoring of market movements via automated surveillance
techniques to identify unusual activity in both options and in
underlying stocks.
Furthermore, large stock holdings must be disclosed to the
Commission by way of Schedules 13D or 13G.\9\ Options positions are
part of any reportable positions and, thus, cannot be legally hidden.
In addition, section 10 of Chapter III of the BOX Rules, which requires
members to file reports with the Exchange for any customer or member
who held aggregate long or short positions of 200 or more option
contracts of any single class for the previous day, will remain
unchanged and will continue to serve as an important part of the
Exchange's surveillance efforts.
---------------------------------------------------------------------------
\9\ 17 CFR 240.13d-1.
---------------------------------------------------------------------------
The Exchange believes that restrictive equity position limits
prevent large customers, such as mutual funds and pension funds, from
using options to gain meaningful exposure to individual stocks. This
can result in lost liquidity in both the options market and the stock
market. In addition, the Exchange has found that restrictive limits and
narrow
[[Page 48994]]
hedge exemption relief restrict member firms from adequately
facilitating customer order flow and offsetting the risks of such
facilitations in the listed options market. The fact that position
limits are calculated on a gross rather than a delta basis also is an
impediment.
Financial Requirements
The Exchange believes that the current financial requirements
imposed by the Exchange and by the Commission adequately address
concerns that a member or its customer may try to maintain an
inordinately large unhedged position in an equity option. Current
margin and risk-based haircut methodologies serve to limit the size of
positions maintained by any one account by increasing the margin and/or
capital that a member must maintain for a large position held by itself
or by its customer. Also, the Commission's net capital rule, Rule 15c3-
1 under the Act,\10\ imposes a capital charge on members to the extent
of any margin deficiency resulting from the higher margin requirement.
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\10\ 17 CFR 240.15c3-1.
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Finally, equity position limits have been gradually expanded from
1,000 contracts in 1973 to the current level of 75,000 contracts for
options on the largest and most active underlying securities. To date,
the Exchange believes that there have been no adverse affects on the
market as a result of these past increases in the limits for equity
option contracts.
2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act,\11\ in general, and furthers the objective of section
6(b)(5) of the Act,\12\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest.
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\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing, or such shorter time as the Commission
may designate, it has become effective pursuant to section 19(b)(3)(A)
of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(6).
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A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\15\
However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the five-day pre-filing notice requirement and the 30-
day pre-operative delay. The Commission is exercising its authority to
waive the five-day pre-filing requirement and believes that waiver of
the 30-day pre-operative delay is consistent with the protection of
investors and in the public interest. Waiving the five-day pre-filing
requirement and 30-day pre-operative delay will allow the Pilot Program
to continue uninterrupted.\17\
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\15\ 17 CFR 240.19b-4(f)(6)(iii).
\16\ Id.
\17\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://
www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File No. SR-BSE-2005-37 on the subject line.
Paper Comments
Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
All submissions should refer to File No. SR-BSE-2005-37. This file
number should be included on the subject line if e-mail 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 (https://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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549. Copies of such filing will also be available for
inspection and copying at the principal office of the BSE. 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 No. SR-BSE-2005-37 and should be
submitted on or before September 12, 2005.
For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
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\18\ 17 CFR 200.30-3(a)(12).
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Margaret H. McFarland,
Deputy Secretary.
[FR Doc. E5-4552 Filed 8-19-05; 8:45 am]
BILLING CODE 8010-01-P
