Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Definition of Complex Orders and Stock/Options Orders To Accommodate the Trading of Option Contracts Overlying 10 Shares of a Security, 18649-18652 [2013-07005]

Download as PDF Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices All submissions should refer to File Number SR–ICC–2013–03. 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 (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 Web site viewing and printing in the Commission’s Public Reference Section, 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 such filings will also be available for inspection and copying at the principal office of ICC and on ICC’s Web site at https://www.theice.com/publicdocs/ regulatory_filings/ ICEClearCredit_20130306.pdf. 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–ICC–2013–03 and should be submitted on or before April 17, 2013. For the Commission by the Division of Trading and Markets, pursuant to delegated authority.6 Kevin O’Neill, Deputy Secretary. [FR Doc. 2013–07008 Filed 3–26–13; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–69197; File No. SR– NYSEArca–2013–28] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Definition of Complex Orders and Stock/Options Orders To Accommodate the Trading of Option Contracts Overlying 10 Shares of a Security March 20, 2013. 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 19, 2013, NYSE Arca, Inc. (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to amend the definition of Complex Orders and Stock/Options orders to accommodate the trading of option contracts overlying 10 shares of a security (‘‘mini-options contracts’’). 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. 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 6 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 18:10 Mar 26, 2013 Jkt 229001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 18649 A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange recently amended its rules to allow for the listing of minioptions contracts on SPDR S&P 500 (‘‘SPY’’), Apple, Inc. (‘‘AAPL’’), SPDR Gold Trust (‘‘GLD’’), Google Inc. (‘‘GOOG’’) and Amazon.com Inc. (‘‘AMZN’’).4 Whereas standard option contracts represent a deliverable of 100 shares of an underlying security, minioptions contracts represent a deliverable of 10 shares. Except for the difference in the number of deliverable shares, minioptions contracts have the same terms and contract characteristics as regularsized equity and ETF options, including exercise style. The Exchange notes that Exchange rules that apply to the trading of standard option contracts would apply to mini-option contracts as well. Prior to the commencement of trading mini-options, the Exchange proposes to amend Rule 6.62 (Certain Types of Orders Defined) and Rule 6.92 (Definitions) to provide that Exchange rules regarding complex orders shall apply to mini-options and that consequently, OTP Holders may execute complex orders and Stock/Option Orders involving mini-options contracts. Moreover, the Exchange seeks to amend these rules to provide that all permissible ratios referenced in the definitions of Stock/Option Orders represent the total number of shares of the underlying stock in the option leg to the total number of shares of the underlying stock in the stock leg. Finally, the Exchange seeks to make these amendments to coincide with a similar proposal recently submitted by another options market.5 Exchange Rule 6.62 governs Complex Orders and Stock/Options Orders on the Exchange and Rule 6.92 lists definitions applicable to intermarket linkage. Currently, a Stock/Option Orders are defined in Rule 6.62(h)(1) and Rule 6.92(a)(4)(ii) as an order to buy or sell a stated number of units of an underlying stock or a security convertible into the underlying stock coupled with the purchase or sale of options contract(s) on the opposite side of the market representing either (A) the same number of units of the underlying stock or convertible security, or (B) the number of units of the underlying stock 4 See Securities Exchange Act Release Nos. [sic] 67948 (September 28, 2012), 77 FR 60735 (October 4, 2012) (SR–NYSE–Arca–2012–64) (SR–ISE–2012– 58). 5 See Securities Exchange Act Release No. 34– 69129 (March 13, 2013) (SR–CBOE–2013–33). E:\FR\FM\27MRN1.SGM 27MRN1 mstockstill on DSK4VPTVN1PROD with NOTICES 18650 Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices necessary to create a delta neutral position, but in no case in a ratio greater than 8 options contracts per unit of trading of the underlying stock or convertible security established for that series by the Clearing Corporation. Therefore, under this definition it would be permissible to execute, for example, a trade where the options leg consists of one (1) standard option contract (i.e., 100 shares) and the stock leg consists of 100 shares of the underlying stock. Additionally, it would be permissible to execute a trade where the options leg consists of eight (8) standard option contracts (i.e., 800 shares) and the stock leg consists of 100 shares of the underlying stock. The terms Complex Order in Rule 6.62(e) and Complex Trade in Rule 6.92(a)(4)(i) are defined substantially identical as any order involving the execution of two or more different options series in the same underlying security occurring at or near the same time in a ratio that is equal to or greater than one-to-three (.333) and less than or equal to three-to-one (3.00). The Exchange notes that the abovementioned permissible ratios were established to ensure that only complex and Stock/Option orders that seek to achieve legitimate investment strategies are afforded certain benefits. Particularly, since compliance with trade-through rules may impede a market participant’s ability to achieve the legitimate investment strategies that complex and Stock/Option orders facilitate, an exception from the prohibition on trade-throughs is provided for any transaction that was effected as a portion of a legitimate complex and Stock/Option order. Requiring a meaningful relationship between the different legs of a complex and Stock/Option order prevents market participants from taking advantage of these orders to circumvent the otherwise applicable trade-through rules (e.g., preventing the execution of a Stock/Option Order where the option leg consists of 100 options (i.e., 10,000 shares) and the stock leg consists of only 100 shares). The Exchange proposes to amend the definition of Stock/Option Orders in Rule 6.62(h)(1) and Rule 6.92(a)(4)(ii). As discussed above, the Stock/Option Order definition in both Rule 6.62 and Rule 6.92 clearly permits that an option leg may be coupled with a stock leg representing the same number of units of the underlying stock (i.e., one-to-one ratio). The Exchange seeks to provide that mini-options contracts may also be coupled with a stock leg if the stock leg represents the same number of units of the underlying stock. For example, VerDate Mar<15>2010 18:10 Mar 26, 2013 Jkt 229001 pursuant to the definition, it would be permissible to execute a trade where leg one consists of one (1) mini-option contract (i.e., 10 shares) and leg two consists of 10 shares of the underlying stock. Next, the Exchange seeks to amend the Stock/Option Order definition in Rule 6.62 and Rule 6.92 to provide that in addition to standard options, minioptions contracts may be coupled with a stock leg consisting of however many units of the underlying stock is necessary to create a delta neutral position, provided that the total number of shares of the underlying stock in the option leg to the total number of shares of the underlying stock in the stock leg does not exceed an eight-to-one ratio. The proposed change specifies that the permissible ratios should be calculated and scaled based upon the total number of shares of the underlying stock in the option leg to the total number of shares of the underlying stock in the stock leg, instead of by the total number of option contracts in the option leg to the total number of shares of the underlying stock in the stock leg. An example of a permitted Stock/Option Order involving mini-options contracts would be an order in which leg one consists of eighty (80) mini-options contracts (i.e., 800 shares) and leg two consists of 100 shares of the underlying stock (i.e., eight-to-one ratio). Similarly, an order where leg one consists of eight (8) minioptions contracts (i.e., 80 shares) and leg two consists of 10 shares of the underlying stock would be permitted. The proposed rule change provides that market participants may execute complex and Stock/Option orders involving mini-options contracts. The proposed change also ensures that the principle behind the permissible ratios (i.e., to provide a meaningful relationship between the legs of complex and Stock/Option Orders) is maintained for mini-options contracts. The Exchange also proposes to amend the definition of Complex Order and Complex Trade to specify that when trading a Complex Order/Complex Trade that is comprised of both minioptions contracts and standard contracts, ten mini-options contracts will represent one standard contract. The Exchange seeks to make clear that the current definition of Complex Order in Rule 6.62(e) and Complex Trade in Rule 6.92(a)(4)(i) applies to both standard options and mini-options. The Exchange acknowledges that in accordance with the provisions of Rules 6.62(e) and 6.92(a)(4)(i), one leg of a complex order may consist of minioptions contract(s) and the other leg of the order may consist of standard PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 options contract(s), so long as the underlying security is the same and the transaction does not violate the permissible ratios set forth in the rules (i.e. ratio greater or equal to one-to-three or less or equal to three-to-one). Moreover, the Exchange’s proposed amendment seeks to provide that the permissible ratios represent the total number of shares of the underlying stock in the mini-option leg to the total number of shares of the underlying stock in the standard option leg. An example of a permissible complex order involving mini-options and standard options would be an order in which leg one consists of thirty (30) mini-options (i.e. 300 shares) and leg two consists of one (1) standard options (i.e. 100 shares) in the same underlying security (i.e., a ratio equal to 3.0). Another example of a permissible complex order would be an order in which leg one consists of ten (10) mini-options (i.e. 100 shares) and leg two consists of one (1) standard options (i.e. 100 shares) in the same underlying security (i.e., a ratio equal to one-to-one). The Exchange believes the proposed amendment will reduce potential confusion for investors when trading mini-options contracts. Further, the Exchange proposes to provide that Complex Orders comprised of both mini-options contracts and standard contracts are not available for Electronic Complex Order trading pursuant to Rule 6.91. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with Section 6(b) 6 of the Securities Exchange Act of 1934 (the ‘‘Act’’), in general, and furthers the objectives of Section 6(b)(5),7 in particular, because it is designed to promote just and equitable principles of trade, to prevent fraudulent and manipulative acts, to remove impediments to and to perfect the mechanism for a free and open market and a national market system and, in general, to protect investors and the public interest. Specifically, the Exchange believes that investors and other market participants would benefit from the current rule proposal because it would allow market participants to take advantage of legitimate investment strategies and execute complex and Stock/Option orders in mini-options contracts. Additionally, the Exchange believes the proposed rule change will avoid investor confusion if both standard options and mini-options on the same underlying security are 6 15 7 15 E:\FR\FM\27MRN1.SGM U.S.C. 78f(b). U.S.C. 78f(b)(5). 27MRN1 Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices permitted to trade as complex and Stock/Option orders. Also, the proposal to maintain the permissible ratios that are applicable to standard options in proportion for mini-options contracts ensures that the principle behind the permissible ratios (i.e., to provide a meaningful relationship between the legs of complex and Stock/Option orders) is maintained for mini-options, which promotes just and equitable principles of trade. The Exchange believes that describing prior to the commencement of trading how the permissible ratios in complex and Stock/Option orders rules will be scaled for mini-options contracts would lessen investor and marketplace confusion. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. In particular, the proposed amendment is based upon recently published rule amendments by other option exchanges.8 Since minioptions contracts are permitted on multiply-listed classes, other exchanges that have received approval to trade mini-options will have the opportunity to similarly amend their rules to clarify and accommodate complex and Stop/ Option orders in mini-options. 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 foregoing 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, it has become effective pursuant to Section 19(b)(3)(A) 9 of the Act and Rule 19b–4(f)(6) 10 thereunder. A proposed rule change filed under Rule 19b–4(f)(6) of the Act 11 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b– 4(f)(6)(iii) of the Act,12 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. In June 2012, the Exchange filed a proposed rule change to amend its rules to list and trade certain mini-options contracts on the Exchange, and represented in that filing that the Exchange’s rules that apply to the trading of standard options contracts would apply to mini-options contracts.13 The Exchange believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver would minimize confusion among market participants about how complex orders and stockoptions orders involving mini-options contracts will trade.14 The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Such waiver would allow the Exchange to implement the proposed rule change immediately, thereby mitigating potential investor confusion as to how complex orders and stock options orders involving mini-options contracts will trade. For this reason, the Commission hereby waives the 30-day operative delay and designates the proposed rule change to be operative upon filing with the Commission.15 The Exchange represented that it began trading in mini-options contracts on March 18, 2013.16 The Commission notes that this proposed rule change was filed on March 19, 2013, and, therefore, pursuant to Rule 19b–4(f)(6), waiver of the 30-day operative delay renders this proposed rule change effective upon the day that it was filed, March 19, 2013. At any time within 60 days of the filing of such proposed rule change, the Commission summarily may 11 17 CFR 240.19b–4(f)(6). CFR 240.19b–4(f)(6)(iii). 13 See Securities Exchange Act Release No. 67283 (June 27, 2012), 77 FR 39535 (July 3, 2012). See also supra note 4. 14 See id. 15 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 16 See SR–NYSEArca–2013–28, Item 7. mstockstill on DSK4VPTVN1PROD with NOTICES 12 17 8 See supra note 5. U.S.C. 78s(b)(3)(A). 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of the filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. 9 15 VerDate Mar<15>2010 18:10 Mar 26, 2013 Jkt 229001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 18651 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 change 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 (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rulecomments@sec.gov. Please include File Number SR–NYSEArca–2013–28 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–NYSEArca–2013–28. 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 (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 Web site viewing and printing in the Commission’s Public Reference Room, 100 F Street NE., Washington, DC 20549–1090, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such 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 E:\FR\FM\27MRN1.SGM 27MRN1 18652 Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR– NYSEArca–2013–28, and should be submitted on or before April 17, 2013. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–07005 Filed 3–26–13; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–69204; File No. SR–Phlx– 2013–31] Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Sections I and II of the Pricing Schedule March 21, 2013. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 2 thereunder, notice is hereby given that on March 15, 2013, NASDAQ OMX PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. mstockstill on DSK4VPTVN1PROD with NOTICES I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the Exchange’s Pricing Schedule at Section I entitled ‘‘Rebates and Fees for Adding and Removing Liquidity in Select Symbols,’’ 3 and Section II entitled ‘‘Multiply Listed Options Fees.’’ 4 While the changes proposed herein are effective upon filing, the Exchange has designated that the amendments be operative on April 1, 2013. The text of the proposed rule change is available on the Exchange’s Web site at https:// 17 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 The rebates and fees in Section I apply to certain Select Symbols which are listed in Section I of the Pricing Schedule. The Select Symbols are listed in Section I of the Pricing Schedule. 4 The pricing in Section II includes options overlying equities, ETFs, ETNs and indexes which are Multiply Listed. 1 15 VerDate Mar<15>2010 18:10 Mar 26, 2013 Jkt 229001 nasdaqomxphlx.cchwallstreet.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 Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to increase certain Simple Order Fees for Removing Liquidity and Firm Options Transaction Charges in Penny and Non-Penny Pilot Options. Despite the increase to these fees, the Exchange believes that the fees remain competitive with fees assessed by other options exchanges. The Exchange is also proposing to waive the Firm Options Transaction Charge for the buy side of a transaction if the same member is both the buyer and seller of a Firm transaction when such members are trading in their own proprietary account in order to incentivize Firms to add and remove liquidity in the market. Section I Amendments The Exchange proposes to amend the Simple Order fees in Section I, Part A of the Pricing Schedule which apply to Select Symbols. Currently, the Exchange pays the following Simple Order Fees for Removing Liquidity: Customer $0.00 per contract and a Specialist,5 Market Maker,6 Firm, Broker-Dealer and Professional 7 $0.44 per contract. The 5 A ‘‘Specialist’’ is an Exchange member who is registered as an options specialist pursuant to Rule 1020(a). 6 A ‘‘Market Maker’’ includes Registered Options Traders (Rule 1014(b)(i) and (ii)), which includes Streaming Quote Traders (see Rule 1014(b)(ii)(A)) and Remote Streaming Quote Traders (see Rule 1014(b)(ii)(B)). Directed Participants are also market makers. 7 The term ‘‘Professional’’ means any person or entity that (i) is not a broker or dealer in securities, and (ii) places more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). See Rule 1000(b)(14). PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Exchange proposes to amend the Simple Order Fees for Adding Liquidity by increasing Specialist, Market Maker, Firm, Broker-Dealer and Professional fees from $0.44 to $0.45 per contract. The Exchange proposes to continue to assess Customers no Fee for Removing Liquidity in Simple Orders. Section II Amendments The Exchange proposes to increase the Firm electronic Options Transaction Charge in Penny Pilot Options from $0.44 to $0.45 per contract. The Exchange also proposes to amend the Firm electronic Options Transaction Charge in Non-Penny Pilot Options from $0.45 to $0.50 per contract. The Exchange proposes to waive the Firm Floor Options Transaction Charge for the buy side of a transaction if the Firm represents both sides of a Firm transaction when such members or its affiliates under Common Ownership 8 are trading in their own proprietary account.9 The Firm Floor Options Transaction Charges in Penny Pilot and Non-Penny Options are $0.25 per contract. The Exchange also proposes to relocate another Firm Options Transaction Charges waiver for members executing facilitation orders pursuant to Exchange Rule 1064 when such members are trading in their own proprietary account (including FLEX and Cabinet Options Transaction Charges) to a new bullet on the Pricing Schedule and amend that text to clarify that the waiver applies to Floor Options Transaction Charges, which the Exchange proposes to capitalize for consistency. The Exchange also proposes to capitalize the terms ‘‘Floor’’ and ‘‘Options Transaction Charge’’ in Section II. 2. Statutory Basis The Exchange believes that its proposal to amend its Pricing Schedule is consistent with Section 6(b) of the Act 10 in general, and furthers the objectives of Section 6(b)(4) of the Act 11 in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members and other persons using its facilities. The Exchange believes that increasing the Simple Order Fees For Removing Liquidity in Select Symbols from $0.44 to $0.45 per contract is reasonable because the fees will continue to remain 8 Common Ownership is defined as members or member organizations under 75% common ownership or control. See Preface to the Exchange’s Pricing Schedule. 9 This waiver does not apply to electronic transactions. 10 15 U.S.C. 78f(b). 11 15 U.S.C. 78f(b)(4). E:\FR\FM\27MRN1.SGM 27MRN1

Agencies

[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Notices]
[Pages 18649-18652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07005]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69197; File No. SR-NYSEArca-2013-28]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending the 
Definition of Complex Orders and Stock/Options Orders To Accommodate 
the Trading of Option Contracts Overlying 10 Shares of a Security

March 20, 2013.
    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 19, 2013, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the definition of Complex Orders and 
Stock/Options orders to accommodate the trading of option contracts 
overlying 10 shares of a security (``mini-options contracts''). 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 recently amended its rules to allow for the listing of 
mini-options contracts on SPDR S&P 500 (``SPY''), Apple, Inc. 
(``AAPL''), SPDR Gold Trust (``GLD''), Google Inc. (``GOOG'') and 
Amazon.com Inc. (``AMZN'').\4\ Whereas standard option contracts 
represent a deliverable of 100 shares of an underlying security, mini-
options contracts represent a deliverable of 10 shares. Except for the 
difference in the number of deliverable shares, mini-options contracts 
have the same terms and contract characteristics as regular-sized 
equity and ETF options, including exercise style. The Exchange notes 
that Exchange rules that apply to the trading of standard option 
contracts would apply to mini-option contracts as well.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. [sic] 67948 
(September 28, 2012), 77 FR 60735 (October 4, 2012) (SR-NYSE-Arca-
2012-64) (SR-ISE-2012-58).
---------------------------------------------------------------------------

    Prior to the commencement of trading mini-options, the Exchange 
proposes to amend Rule 6.62 (Certain Types of Orders Defined) and Rule 
6.92 (Definitions) to provide that Exchange rules regarding complex 
orders shall apply to mini-options and that consequently, OTP Holders 
may execute complex orders and Stock/Option Orders involving mini-
options contracts. Moreover, the Exchange seeks to amend these rules to 
provide that all permissible ratios referenced in the definitions of 
Stock/Option Orders represent the total number of shares of the 
underlying stock in the option leg to the total number of shares of the 
underlying stock in the stock leg. Finally, the Exchange seeks to make 
these amendments to coincide with a similar proposal recently submitted 
by another options market.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 34-69129 (March 13, 
2013) (SR-CBOE-2013-33).
---------------------------------------------------------------------------

    Exchange Rule 6.62 governs Complex Orders and Stock/Options Orders 
on the Exchange and Rule 6.92 lists definitions applicable to 
intermarket linkage. Currently, a Stock/Option Orders are defined in 
Rule 6.62(h)(1) and Rule 6.92(a)(4)(ii) as an order to buy or sell a 
stated number of units of an underlying stock or a security convertible 
into the underlying stock coupled with the purchase or sale of options 
contract(s) on the opposite side of the market representing either (A) 
the same number of units of the underlying stock or convertible 
security, or (B) the number of units of the underlying stock

[[Page 18650]]

necessary to create a delta neutral position, but in no case in a ratio 
greater than 8 options contracts per unit of trading of the underlying 
stock or convertible security established for that series by the 
Clearing Corporation. Therefore, under this definition it would be 
permissible to execute, for example, a trade where the options leg 
consists of one (1) standard option contract (i.e., 100 shares) and the 
stock leg consists of 100 shares of the underlying stock. Additionally, 
it would be permissible to execute a trade where the options leg 
consists of eight (8) standard option contracts (i.e., 800 shares) and 
the stock leg consists of 100 shares of the underlying stock.
    The terms Complex Order in Rule 6.62(e) and Complex Trade in Rule 
6.92(a)(4)(i) are defined substantially identical as any order 
involving the execution of two or more different options series in the 
same underlying security occurring at or near the same time in a ratio 
that is equal to or greater than one-to-three (.333) and less than or 
equal to three-to-one (3.00).
    The Exchange notes that the abovementioned permissible ratios were 
established to ensure that only complex and Stock/Option orders that 
seek to achieve legitimate investment strategies are afforded certain 
benefits. Particularly, since compliance with trade-through rules may 
impede a market participant's ability to achieve the legitimate 
investment strategies that complex and Stock/Option orders facilitate, 
an exception from the prohibition on trade-throughs is provided for any 
transaction that was effected as a portion of a legitimate complex and 
Stock/Option order. Requiring a meaningful relationship between the 
different legs of a complex and Stock/Option order prevents market 
participants from taking advantage of these orders to circumvent the 
otherwise applicable trade-through rules (e.g., preventing the 
execution of a Stock/Option Order where the option leg consists of 100 
options (i.e., 10,000 shares) and the stock leg consists of only 100 
shares).
    The Exchange proposes to amend the definition of Stock/Option 
Orders in Rule 6.62(h)(1) and Rule 6.92(a)(4)(ii). As discussed above, 
the Stock/Option Order definition in both Rule 6.62 and Rule 6.92 
clearly permits that an option leg may be coupled with a stock leg 
representing the same number of units of the underlying stock (i.e., 
one-to-one ratio). The Exchange seeks to provide that mini-options 
contracts may also be coupled with a stock leg if the stock leg 
represents the same number of units of the underlying stock. For 
example, pursuant to the definition, it would be permissible to execute 
a trade where leg one consists of one (1) mini-option contract (i.e., 
10 shares) and leg two consists of 10 shares of the underlying stock.
    Next, the Exchange seeks to amend the Stock/Option Order definition 
in Rule 6.62 and Rule 6.92 to provide that in addition to standard 
options, mini-options contracts may be coupled with a stock leg 
consisting of however many units of the underlying stock is necessary 
to create a delta neutral position, provided that the total number of 
shares of the underlying stock in the option leg to the total number of 
shares of the underlying stock in the stock leg does not exceed an 
eight-to-one ratio. The proposed change specifies that the permissible 
ratios should be calculated and scaled based upon the total number of 
shares of the underlying stock in the option leg to the total number of 
shares of the underlying stock in the stock leg, instead of by the 
total number of option contracts in the option leg to the total number 
of shares of the underlying stock in the stock leg. An example of a 
permitted Stock/Option Order involving mini-options contracts would be 
an order in which leg one consists of eighty (80) mini-options 
contracts (i.e., 800 shares) and leg two consists of 100 shares of the 
underlying stock (i.e., eight-to-one ratio). Similarly, an order where 
leg one consists of eight (8) mini-options contracts (i.e., 80 shares) 
and leg two consists of 10 shares of the underlying stock would be 
permitted.
    The proposed rule change provides that market participants may 
execute complex and Stock/Option orders involving mini-options 
contracts. The proposed change also ensures that the principle behind 
the permissible ratios (i.e., to provide a meaningful relationship 
between the legs of complex and Stock/Option Orders) is maintained for 
mini-options contracts.
    The Exchange also proposes to amend the definition of Complex Order 
and Complex Trade to specify that when trading a Complex Order/Complex 
Trade that is comprised of both mini-options contracts and standard 
contracts, ten mini-options contracts will represent one standard 
contract. The Exchange seeks to make clear that the current definition 
of Complex Order in Rule 6.62(e) and Complex Trade in Rule 
6.92(a)(4)(i) applies to both standard options and mini-options. The 
Exchange acknowledges that in accordance with the provisions of Rules 
6.62(e) and 6.92(a)(4)(i), one leg of a complex order may consist of 
mini-options contract(s) and the other leg of the order may consist of 
standard options contract(s), so long as the underlying security is the 
same and the transaction does not violate the permissible ratios set 
forth in the rules (i.e. ratio greater or equal to one-to-three or less 
or equal to three-to-one). Moreover, the Exchange's proposed amendment 
seeks to provide that the permissible ratios represent the total number 
of shares of the underlying stock in the mini-option leg to the total 
number of shares of the underlying stock in the standard option leg. An 
example of a permissible complex order involving mini-options and 
standard options would be an order in which leg one consists of thirty 
(30) mini-options (i.e. 300 shares) and leg two consists of one (1) 
standard options (i.e. 100 shares) in the same underlying security 
(i.e., a ratio equal to 3.0). Another example of a permissible complex 
order would be an order in which leg one consists of ten (10) mini-
options (i.e. 100 shares) and leg two consists of one (1) standard 
options (i.e. 100 shares) in the same underlying security (i.e., a 
ratio equal to one-to-one). The Exchange believes the proposed 
amendment will reduce potential confusion for investors when trading 
mini-options contracts. Further, the Exchange proposes to provide that 
Complex Orders comprised of both mini-options contracts and standard 
contracts are not available for Electronic Complex Order trading 
pursuant to Rule 6.91.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''), 
in general, and furthers the objectives of Section 6(b)(5),\7\ in 
particular, because it is designed to promote just and equitable 
principles of trade, to prevent fraudulent and manipulative acts, to 
remove impediments to and to perfect the mechanism for a free and open 
market and a national market system and, in general, to protect 
investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that investors and other market 
participants would benefit from the current rule proposal because it 
would allow market participants to take advantage of legitimate 
investment strategies and execute complex and Stock/Option orders in 
mini-options contracts. Additionally, the Exchange believes the 
proposed rule change will avoid investor confusion if both standard 
options and mini-options on the same underlying security are

[[Page 18651]]

permitted to trade as complex and Stock/Option orders. Also, the 
proposal to maintain the permissible ratios that are applicable to 
standard options in proportion for mini-options contracts ensures that 
the principle behind the permissible ratios (i.e., to provide a 
meaningful relationship between the legs of complex and Stock/Option 
orders) is maintained for mini-options, which promotes just and 
equitable principles of trade. The Exchange believes that describing 
prior to the commencement of trading how the permissible ratios in 
complex and Stock/Option orders rules will be scaled for mini-options 
contracts would lessen investor and marketplace confusion.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. In particular, the proposed 
amendment is based upon recently published rule amendments by other 
option exchanges.\8\ Since mini-options contracts are permitted on 
multiply-listed classes, other exchanges that have received approval to 
trade mini-options will have the opportunity to similarly amend their 
rules to clarify and accommodate complex and Stop/Option orders in 
mini-options.
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    \8\ See supra note 5.
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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 foregoing 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, it has 
become effective pursuant to Section 19(b)(3)(A) \9\ of the Act and 
Rule 19b-4(f)(6) \10\ thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of the filing of the 
proposed rule change, or such shorter time as designated by the 
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) of the Act \11\ 
normally does not become operative prior to 30 days after the date of 
the filing. However, pursuant to Rule 19b-4(f)(6)(iii) of the Act,\12\ 
the Commission may designate a shorter time if such action is 
consistent with the protection of investors and the public interest. 
The Exchange has requested the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. In June 2012, the Exchange filed a proposed rule change to 
amend its rules to list and trade certain mini-options contracts on the 
Exchange, and represented in that filing that the Exchange's rules that 
apply to the trading of standard options contracts would apply to mini-
options contracts.\13\ The Exchange believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest because such waiver would minimize confusion among 
market participants about how complex orders and stock-options orders 
involving mini-options contracts will trade.\14\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ See Securities Exchange Act Release No. 67283 (June 27, 
2012), 77 FR 39535 (July 3, 2012). See also supra note 4.
    \14\ See id.
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    The Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
Such waiver would allow the Exchange to implement the proposed rule 
change immediately, thereby mitigating potential investor confusion as 
to how complex orders and stock options orders involving mini-options 
contracts will trade. For this reason, the Commission hereby waives the 
30-day operative delay and designates the proposed rule change to be 
operative upon filing with the Commission.\15\
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    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    The Exchange represented that it began trading in mini-options 
contracts on March 18, 2013.\16\ The Commission notes that this 
proposed rule change was filed on March 19, 2013, and, therefore, 
pursuant to Rule 19b-4(f)(6), waiver of the 30-day operative delay 
renders this proposed rule change effective upon the day that it was 
filed, March 19, 2013.
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    \16\ See SR-NYSEArca-2013-28, Item 7.
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    At any time within 60 days of the filing of such 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 change 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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2013-28 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2013-28. 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 (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 Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549-1090, on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of such 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

[[Page 18652]]

submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
NYSEArca-2013-28, and should be submitted on or before April 17, 2013.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-07005 Filed 3-26-13; 8:45 am]
BILLING CODE 8011-01-P