Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to SPY and DIA Options, 53805-53808 [2014-21528]
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
competition among the exchanges by
allowing the Exchange to establish
smaller strike intervals in SPY and DIA
options with a strike price above 200 at
the same time as another options
exchange. For these reasons, the
Commission believes that the proposed
rule change presents no novel issues
and that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest; and
will allow the Exchange to remain
competitive with other exchanges.
Therefore, the Commission designates
the proposed rule change to be operative
upon filing.15
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:
tkelley on DSK3SPTVN1PROD with NOTICES
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–
BOX–2014–20 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–BOX–2014–20. 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
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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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–BOX–
2014–20 and should be submitted on or
before October 1, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21526 Filed 9–9–14; 8:45 am]
BILLING CODE 8011–01–P
53805
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
BX is filing with the Commission a
proposal to amend Chapter IV, Section
6 (Series of Options Contracts Open for
Trading) to allow $1 or greater strike
price intervals for options on the SPDR®
S&P 500® Exchange Traded Fund
(‘‘SPY’’) and the SPDR® Dow Jones®
Industrial Average Exchange Traded
Fund (‘‘DIA’’).3
The text of the proposed rule change
is also available on the Exchange’s Web
site at https://nasdaqomxbx.cchwall
street.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.
SECURITIES AND EXCHANGE
COMMISSION
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[Release No. 34–72994; File No. SR–BX–
2014–044]
1. Purpose
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change Relating to
SPY and DIA Options
September 4, 2014.
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
September 2, 2014, NASDAQ OMX BX,
Inc. (‘‘Exchange’’ or ‘‘BX’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
16 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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The purpose of this proposed rule
change is to amend Chapter IV, Section
6 by modifying the interval setting
regime for SPY and DIA options listed
on the SPDR S&P 500 Exchange Traded
Fund (‘‘ETF’’) and the SPDR Dow Jones
Industrial Average ETF, respectively, to
allow $1 or greater strike price
intervals.4 Through this filing, the
Exchange intends to make SPY and DIA
options more tailored and easier for
investors and traders to use.
The proposed rule change is based on
the recent Commission approval of a
proposal to amend Commentary.05 to
NASDAQ OMX PHLX LLC (‘‘Phlx’’)
3 S&P®, S&P 500®, Standard & Poor’s®, and
SPDR® are registered trademarks of Standard &
Poor’s® Financial Services LLC. Dow Jones®,
DJIASM, and Dow Jones Industrial AverageSM are
registered trade and service marks of Dow Jones®
Trademark Holdings LLC.
4 The SPDR S&P 500 ETF is based on the broadbased S&P 500 Index, and the SPDR Dow Jones
Industrial Average ETF is based on the Dow Jones
Industrial Average.
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
Rule 1012 to allow SPY and DIA options
to trade in $1 or greater increments.5
Under current Chapter IV,
Supplementary Material .01 to Section
6, the interval of strike prices of series
of options on ETFs is $1 or greater
where the strike price is 200 or less and
$5 or greater where the strike price is
more than 200.6 The Proposal seeks to
narrow those strike intervals to $1 apart
for SPY and DIA options, in effect
matching the interval for these products
to ETF option strike prices at or below
200.
The prices for SPY and DIA options
[sic] are approaching the 200 price
point. By the end of June 2014, for
example, SPY was trading at more than
$195 per share and DIA was trading at
more than $168 per share.7 As the
option strike prices continue to
appreciate, investor and member
demands to list additional SPY and DIA
option series continue to increase. SPY
is the most heavily traded and liquid
exchange-traded product in the U.S.,
and SPY options represent 13% of the
total option volume in the U.S. and 1%
of the options volume on the Exchange.
DIA options represent 1% of the options
volume on the Exchange and less than
1% of the options volume in the U.S.
Moreover, the popularity of DIA and
SPY options is reflected in the fact that
they have options contracts reflecting
monthly, quarterly, and weekly
expiration cycles.8 Not having the
proposed $1 intervals above a 200 strike
price will significantly limit investors’
hedging and trading possibilities,
particularly when it comes to executing
strategies that are effective in $1
intervals; and may, as a result, constrict
trading and hedging activity. The
Exchange therefore proposes to amend
Chapter IV, Supplementary Material .01
to Section 6 to allow SPY and DIA
options to trade in $1 increments.
Specifically, the Exchange proposes to
add Chapter IV, Supplementary Material
.01(c) to Section 6 9 to state that
notwithstanding any other provision
regarding the interval of strike prices of
series of options on ETFs in the rule, the
5 See Securities Exchange Act Release No. 72949
(August 29, 2014) (SR–Phlx–2014–46) (approval
order).
6 See Chapter IV, Supplementary Material .01(b)
to Section 6.
7 On August 25, 2014, SPY traded and closed
above $200 for the first time. The SPY closing price
on August 25th was $200.20.
8 For rules regarding quarterly options and
weekly options (also known as Short Term
Options), see Chapter IV, Supplementary Material
.04 and Supplementary Material .07 to Section 6,
respectively.
9 Current Supplementary Material .01(c), (d), (e)
to Section 6 would be re-numbered as
Supplementary Material .01(d), (e), (f) to Section 6,
respectively.
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interval of strike prices on SPY and DIA
options will be $1 or greater. By having
smaller strike intervals in SPY and DIA,
investors will have more efficient
hedging and trading opportunities due
to the higher $1 interval ascension. The
proposed $1 intervals, particularly
above a 200 strike price, will result in
having at-the-money series based upon
the underlying SPY or DIA moving less
than 1%, which falls in line with slower
price movements of a broad-based
index. Furthermore, the proposed $1
intervals will allow currently employed
option trading strategies (such as, for
example, risk reduction/hedging
strategies using SPY weekly options) to
remain in play. Considering that $1
intervals already exist below the 200
price point and that SPY and DIA are
approaching the 200 level, continuing to
maintain the artificial 200 level (above
which intervals increase 500%, to $5),
will have a negative effect on investing,
trading and hedging opportunities and
volume. The continued demand for
highly liquid options such as SPY and
DIA, and the investing, trading, and
hedging opportunities they represent,
far outweighs any potential negative
impact of allowing SPY and DIA options
to trade in more finely tailored intervals
above a 200 price point.
With the proposal, for example,
investors and traders would be able to
roll open positions from a lower strike
to a higher strike in conjunction with
the price movement of the underlying.
Under the current rule, where the next
higher available series would be $5
away above a 200 strike price, the
ability to roll such positions is
effectively negated. Thus, to move a
position from a 200 strike to a 205 strike
under the current rule, an investor
would need for the underlying product
to move 2.5%, and would not be able to
execute a roll up until such a large
movement occurred. With the proposed
rule change, however, the investor
would be in a significantly safer
position of being able to roll his open
options position from a 200 to a 201
strike price, which is only a 0.5% move
for the underlying.
By allowing SPY and DIA options in
$1 intervals over a 200 strike price, the
proposal will moderately augment the
total number of options series available
on the Exchange. However, the
Exchange has analyzed its capacity and
represents that it and the Options Price
Reporting Authority (‘‘OPRA’’) have the
necessary systems capacity to handle
any potential additional traffic
associated with this proposed rule
change. The Exchange believes that its
members will not have a capacity issue
as a result of this proposal. The
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Exchange also represents that it does not
believe this expansion will cause
fragmentation of liquidity. The
Exchange’s beliefs are supported by the
limited nature of the proposal, which
applies to two symbols rather than to all
ETF products. Moreover, while under
the current rule-set there is ample
liquidity, it is constricted above 200.
This proposal only enhances liquidity at
more rational strike intervals necessary
to benefit investors as the stock market
improves in value. The Exchange
believes that the proposed rule change,
like the other strike price programs
currently offered by the Exchange, will
benefit investors by giving them more
flexibility to more closely tailor their
investment and hedging decisions by
allowing SPY and DIA options to trade
in finer $1 intervals.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder that
are applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6(b) of the
Act.10 In particular, the proposal is
consistent with Section 6(b)(5) of the
Act,11 because it is designed to promote
just and equitable principles of trade,
remove impediments to and perfect the
mechanisms of a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
In particular, the proposed rule
change would add consistency to the
SPY and DIA options markets and allow
investors to use SPY and DIA options
more easily and effectively. Moreover,
the proposed rule change would allow
investors and traders, whether big or
small, to better trade and hedge
positions in SPY and DIA options where
the strike price is greater than 200, and
ensure that SPY and DIA options
investors and traders are not at a
disadvantage simply because of the
strike price.
The Exchange also believes the
proposed rule change is consistent with
Section 6(b)(1) of the Act,12 which
provides that the Exchange be organized
and have the capacity to be able to carry
out the purposes of the Act and the
rules and regulations thereunder, and
the rules of the Exchange. The rule
change proposal allows the Exchange to
respond to customer demand to allow
SPY and DIA options to trade in $1
intervals above a 200 strike price. The
10 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
12 15 U.S.C. 78f(b)(1).
11 15
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
Exchange does not believe that the
proposed rule would create additional
capacity issues or affect market
functionality.
As noted above, ETF options trade in
wider $5 intervals above a 200 strike
price, whereby options at or below a 200
strike price trade in $1 intervals. This
creates a situation where contracts on
the same option class, namely SPY and
DIA options, effectively may not be able
to execute certain strategies such as, for
example, rolling to a higher strike price,
simply because of the arbitrary 200
strike price above which options
intervals increase by 500%. This
proposal remedies the situation by
establishing an exception to the current
ETF interval regime, for SPY and DIA
options only, to allow such options to
trade in $1 or greater intervals at all
strike prices.
The Exchange believes that the
proposed rule change, like other strike
price programs currently offered by the
Exchange, will benefit investors by
giving them increased flexibility to more
closely tailor their investment and
hedging decisions. Moreover, the
proposed rule change is consistent with
changes proposed by at least one other
exchange.13
With regard to the impact of this
proposal on system capacity, the
Exchange has analyzed its capacity and
represents that it and OPRA have the
necessary systems capacity to handle
any potential additional traffic
associated with this proposed rule
change. The Exchange believes that its
members will not have a capacity issue
as a result of this proposal.
tkelley on DSK3SPTVN1PROD with NOTICES
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. To the
contrary, the Exchange believes that the
proposed rule change will result in
additional investment options and
opportunities to achieve the investment
and trading objectives of market
participants seeking efficient trading
and hedging vehicles, to the benefit of
investors, market participants, and the
marketplace in general. Specifically, the
13 See Securities Exchange Act Release No. 72949
(August 29, 2014) (SR–Phlx–2014–46) (approval
order). Moreover, the Exchange has noted that other
options markets have filed similar proposals to
modify the strike price (intervals) regime for
specific options. See, e.g., Securities Exchange Act
Release No. 72482 (June 26, 2014), 79 FR 37825
(July 2, 2014) (SR–CBOE–2014–051) (notice of filing
and immediate effectiveness modifying the strike
price regime for Mini-S&P 500 Index (XSP)
options).
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Exchange believes that SPY and DIA
option investors and traders will
significantly benefit from the
availability of finer strike price intervals
above a 200 price point.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
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 14 and Rule 19b–4(f)(6)
thereunder.15
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 would allow the
Exchange to implement the proposed
rule change as soon as possible and
thereby harmonize its rules regarding
SPY and DIA options intervals with the
rules of other markets. The Exchange
also stated that waiver would allow
market participants to more effectively
tailor their investing, trading, and
hedging decisions in respect of SPY and
DIA options by using finer $1
increments. For these reasons, the
Commission believes that the proposed
rule change presents no novel issues
and that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest; and
will allow the Exchange to remain
competitive with other exchanges.
Therefore, the Commission designates
the proposed rule change to be operative
upon filing.16
At any time within 60 days of the
filing of the proposed rule change, the
14 15
U.S.C. 78s(b)(3)(A).
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.
16 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).
15 17
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53807
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BX–2014–044 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–BX–2014–044. 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, 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
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53808
Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices
available publicly. All submissions
should refer to File Number SR–BX–
2014–044 and should be submitted on
or before October 1, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21528 Filed 9–9–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72987; File No. SR–
NASDAQ–2014–020]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Designation of a Longer Period for
Commission Action on Proceedings To
Determine Whether To Approve or
Disapprove a Proposed Rule Change
Relating To Listing and Trading of
Exchange-Traded Managed Fund
Shares
September 4, 2014.
On February 26, 2014, The NASDAQ
Stock Market LLC (‘‘Nasdaq’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
adopt Nasdaq Rule 5745, which would
govern the listing and trading of
Exchange-Traded Managed Fund Shares
(‘‘ETMF Shares’’), and to amend related
references under Nasdaq Rules 4120,
5615, IM–5615–4, and 5940. The
proposed rule change was published for
comment in the Federal Register on
March 12, 2014.3 The Commission
received four comment letters on the
proposal.4 On April 23, 2014, pursuant
to Section 19(b)(2) of the Act,5 the
Commission designated a longer period
within which to either approve the
proposed rule change, disapprove the
proposed rule change, or institute
proceedings to determine whether to
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release No. 71657
(Mar. 6, 2014), 79 FR 14092.
4 See Letters to the Commission from Christopher
Davis, President, Money Management Institute,
dated March 27, 2014; Robert Tull, President,
Robert Tull & Co., dated March 31, 2014; Avi
Nachmany, Co-Founder, Director of Research,
E.V.P, Strategic Insight, dated April 1, 2014; and
Eric Noll, President and Chief Executive Officer,
ConvergEx Group, LLC, dated April 1, 2014.
5 15 U.S.C. 78s(b)(2).
tkelley on DSK3SPTVN1PROD with NOTICES
1 15
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disapprove the proposed rule change.6
On June 9, 2014, the Commission
instituted proceedings under Section
19(b)(2)(B) of the Act 7 to determine
whether to approve or disapprove the
proposed rule change.8 In response to
the Order Instituting Proceedings, the
Commission received one additional
comment letter on the proposal.9
Section 19(b)(2) of the Act 10 provides
that, after initiating disapproval
proceedings, the Commission shall issue
an order approving or disapproving the
proposed rule change not later than 180
days after the date of publication of
notice of filing of the proposed rule
change. The Commission may extend
the period for issuing an order
approving or disapproving the proposed
rule change, however, by not more than
60 days if the Commission determines
that a longer period is appropriate and
publishes the reasons for such
determination. The proposed rule
change was published for notice and
comment in the Federal Register on
March 12, 2014.11 The 180th day after
publication of the notice of the filing of
the proposed rule change in the Federal
Register is September 8, 2014, and the
240th day after publication of the notice
of the filing of the proposed rule change
in the Federal Register is November 7,
2014.
The Commission finds it appropriate
to designate a longer period within
which to issue an order approving or
disapproving the proposed rule change
so that it has sufficient time to consider
the proposed rule change, including the
matters raised in the comment letters to
the proposed rule change.
Accordingly, the Commission,
pursuant to Section 19(b)(2) of the
6 See Securities Exchange Act Release No. 72007,
79 FR 24045 (Apr. 29, 2014). The Commission
determined that it was appropriate to designate a
longer period within which to take action on the
proposed rule change so that it had sufficient time
to consider the proposed rule change. Accordingly,
the Commission designated June 10, 2014 as the
date by which it should approve, disapprove, or
institute proceedings to determine whether to
disapprove the proposed rule change.
7 15 U.S.C. 78s(b)(2)(B).
8 See Securities Exchange Act Release No. 72350,
79 FR 33959 (Jun. 13, 2014) (‘‘Order Instituting
Proceedings’’). Specifically, the Commission
instituted proceedings to allow for additional
analysis of the proposed rule change’s consistency
with Section 6(b)(5) of the Act, which requires,
among other things, that the rules of a national
securities exchange be ‘‘designed to prevent
fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade,’’ and
‘‘to protect investors and the public interest.’’ See
id.
9 See Letter to the Commission from Thomas E.
Faust, Jr., Chairman and Chief Executive Officer,
Eaton Vance Corporation, dated July 3, 2014.
10 15 U.S.C. 78s(b)(2).
11 See supra note 3 and accompanying text.
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Act,12 designates November 7, 2014 as
the date by which the Commission shall
either approve or disapprove the
proposed rule change (File No. SR–
NASDAQ–2014–020).
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21520 Filed 9–9–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72988; File No. SR–MIAX–
2014–46]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Its Fee Schedule
September 4, 2014.
Pursuant to the provisions of Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 notice is hereby given that
on August 25, 2014, Miami International
Securities Exchange LLC (‘‘MIAX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
amend its Fee Schedule.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.miaxoptions.com/filter/
wotitle/rule_filing, at MIAX’s principal
office, and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
12 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(57).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
13 17
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53805-53808]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21528]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-72994; File No. SR-BX-2014-044]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to SPY and DIA Options
September 4, 2014.
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 September 2, 2014, NASDAQ OMX BX, Inc. (``Exchange'' or
``BX'') filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 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
BX is filing with the Commission a proposal to amend Chapter IV,
Section 6 (Series of Options Contracts Open for Trading) to allow $1 or
greater strike price intervals for options on the SPDR[supreg] S&P
500[supreg] Exchange Traded Fund (``SPY'') and the SPDR[supreg] Dow
Jones[supreg] Industrial Average Exchange Traded Fund (``DIA'').\3\
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\3\ S&P[supreg], S&P 500[supreg], Standard & Poor's[supreg], and
SPDR[supreg] are registered trademarks of Standard & Poor's[supreg]
Financial Services LLC. Dow Jones[supreg], DJIA\SM\, and Dow Jones
Industrial Average\SM\ are registered trade and service marks of Dow
Jones[supreg] Trademark Holdings LLC.
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The text of the proposed rule change is also available on the
Exchange's Web site at https://nasdaqomxbx.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 this proposed rule change is to amend Chapter IV,
Section 6 by modifying the interval setting regime for SPY and DIA
options listed on the SPDR S&P 500 Exchange Traded Fund (``ETF'') and
the SPDR Dow Jones Industrial Average ETF, respectively, to allow $1 or
greater strike price intervals.\4\ Through this filing, the Exchange
intends to make SPY and DIA options more tailored and easier for
investors and traders to use.
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\4\ The SPDR S&P 500 ETF is based on the broad-based S&P 500
Index, and the SPDR Dow Jones Industrial Average ETF is based on the
Dow Jones Industrial Average.
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The proposed rule change is based on the recent Commission approval
of a proposal to amend Commentary.05 to NASDAQ OMX PHLX LLC (``Phlx'')
[[Page 53806]]
Rule 1012 to allow SPY and DIA options to trade in $1 or greater
increments.\5\
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\5\ See Securities Exchange Act Release No. 72949 (August 29,
2014) (SR-Phlx-2014-46) (approval order).
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Under current Chapter IV, Supplementary Material .01 to Section 6,
the interval of strike prices of series of options on ETFs is $1 or
greater where the strike price is 200 or less and $5 or greater where
the strike price is more than 200.\6\ The Proposal seeks to narrow
those strike intervals to $1 apart for SPY and DIA options, in effect
matching the interval for these products to ETF option strike prices at
or below 200.
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\6\ See Chapter IV, Supplementary Material .01(b) to Section 6.
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The prices for SPY and DIA options [sic] are approaching the 200
price point. By the end of June 2014, for example, SPY was trading at
more than $195 per share and DIA was trading at more than $168 per
share.\7\ As the option strike prices continue to appreciate, investor
and member demands to list additional SPY and DIA option series
continue to increase. SPY is the most heavily traded and liquid
exchange-traded product in the U.S., and SPY options represent 13% of
the total option volume in the U.S. and 1% of the options volume on the
Exchange. DIA options represent 1% of the options volume on the
Exchange and less than 1% of the options volume in the U.S. Moreover,
the popularity of DIA and SPY options is reflected in the fact that
they have options contracts reflecting monthly, quarterly, and weekly
expiration cycles.\8\ Not having the proposed $1 intervals above a 200
strike price will significantly limit investors' hedging and trading
possibilities, particularly when it comes to executing strategies that
are effective in $1 intervals; and may, as a result, constrict trading
and hedging activity. The Exchange therefore proposes to amend Chapter
IV, Supplementary Material .01 to Section 6 to allow SPY and DIA
options to trade in $1 increments.
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\7\ On August 25, 2014, SPY traded and closed above $200 for the
first time. The SPY closing price on August 25th was $200.20.
\8\ For rules regarding quarterly options and weekly options
(also known as Short Term Options), see Chapter IV, Supplementary
Material .04 and Supplementary Material .07 to Section 6,
respectively.
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Specifically, the Exchange proposes to add Chapter IV,
Supplementary Material .01(c) to Section 6 \9\ to state that
notwithstanding any other provision regarding the interval of strike
prices of series of options on ETFs in the rule, the interval of strike
prices on SPY and DIA options will be $1 or greater. By having smaller
strike intervals in SPY and DIA, investors will have more efficient
hedging and trading opportunities due to the higher $1 interval
ascension. The proposed $1 intervals, particularly above a 200 strike
price, will result in having at-the-money series based upon the
underlying SPY or DIA moving less than 1%, which falls in line with
slower price movements of a broad-based index. Furthermore, the
proposed $1 intervals will allow currently employed option trading
strategies (such as, for example, risk reduction/hedging strategies
using SPY weekly options) to remain in play. Considering that $1
intervals already exist below the 200 price point and that SPY and DIA
are approaching the 200 level, continuing to maintain the artificial
200 level (above which intervals increase 500%, to $5), will have a
negative effect on investing, trading and hedging opportunities and
volume. The continued demand for highly liquid options such as SPY and
DIA, and the investing, trading, and hedging opportunities they
represent, far outweighs any potential negative impact of allowing SPY
and DIA options to trade in more finely tailored intervals above a 200
price point.
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\9\ Current Supplementary Material .01(c), (d), (e) to Section 6
would be re-numbered as Supplementary Material .01(d), (e), (f) to
Section 6, respectively.
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With the proposal, for example, investors and traders would be able
to roll open positions from a lower strike to a higher strike in
conjunction with the price movement of the underlying. Under the
current rule, where the next higher available series would be $5 away
above a 200 strike price, the ability to roll such positions is
effectively negated. Thus, to move a position from a 200 strike to a
205 strike under the current rule, an investor would need for the
underlying product to move 2.5%, and would not be able to execute a
roll up until such a large movement occurred. With the proposed rule
change, however, the investor would be in a significantly safer
position of being able to roll his open options position from a 200 to
a 201 strike price, which is only a 0.5% move for the underlying.
By allowing SPY and DIA options in $1 intervals over a 200 strike
price, the proposal will moderately augment the total number of options
series available on the Exchange. However, the Exchange has analyzed
its capacity and represents that it and the Options Price Reporting
Authority (``OPRA'') have the necessary systems capacity to handle any
potential additional traffic associated with this proposed rule change.
The Exchange believes that its members will not have a capacity issue
as a result of this proposal. The Exchange also represents that it does
not believe this expansion will cause fragmentation of liquidity. The
Exchange's beliefs are supported by the limited nature of the proposal,
which applies to two symbols rather than to all ETF products. Moreover,
while under the current rule-set there is ample liquidity, it is
constricted above 200. This proposal only enhances liquidity at more
rational strike intervals necessary to benefit investors as the stock
market improves in value. The Exchange believes that the proposed rule
change, like the other strike price programs currently offered by the
Exchange, will benefit investors by giving them more flexibility to
more closely tailor their investment and hedging decisions by allowing
SPY and DIA options to trade in finer $1 intervals.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\10\ In
particular, the proposal is consistent with Section 6(b)(5) of the
Act,\11\ because it is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest.
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
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In particular, the proposed rule change would add consistency to
the SPY and DIA options markets and allow investors to use SPY and DIA
options more easily and effectively. Moreover, the proposed rule change
would allow investors and traders, whether big or small, to better
trade and hedge positions in SPY and DIA options where the strike price
is greater than 200, and ensure that SPY and DIA options investors and
traders are not at a disadvantage simply because of the strike price.
The Exchange also believes the proposed rule change is consistent
with Section 6(b)(1) of the Act,\12\ which provides that the Exchange
be organized and have the capacity to be able to carry out the purposes
of the Act and the rules and regulations thereunder, and the rules of
the Exchange. The rule change proposal allows the Exchange to respond
to customer demand to allow SPY and DIA options to trade in $1
intervals above a 200 strike price. The
[[Page 53807]]
Exchange does not believe that the proposed rule would create
additional capacity issues or affect market functionality.
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\12\ 15 U.S.C. 78f(b)(1).
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As noted above, ETF options trade in wider $5 intervals above a 200
strike price, whereby options at or below a 200 strike price trade in
$1 intervals. This creates a situation where contracts on the same
option class, namely SPY and DIA options, effectively may not be able
to execute certain strategies such as, for example, rolling to a higher
strike price, simply because of the arbitrary 200 strike price above
which options intervals increase by 500%. This proposal remedies the
situation by establishing an exception to the current ETF interval
regime, for SPY and DIA options only, to allow such options to trade in
$1 or greater intervals at all strike prices.
The Exchange believes that the proposed rule change, like other
strike price programs currently offered by the Exchange, will benefit
investors by giving them increased flexibility to more closely tailor
their investment and hedging decisions. Moreover, the proposed rule
change is consistent with changes proposed by at least one other
exchange.\13\
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\13\ See Securities Exchange Act Release No. 72949 (August 29,
2014) (SR-Phlx-2014-46) (approval order). Moreover, the Exchange has
noted that other options markets have filed similar proposals to
modify the strike price (intervals) regime for specific options.
See, e.g., Securities Exchange Act Release No. 72482 (June 26,
2014), 79 FR 37825 (July 2, 2014) (SR-CBOE-2014-051) (notice of
filing and immediate effectiveness modifying the strike price regime
for Mini-S&P 500 Index (XSP) options).
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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 OPRA have
the necessary systems capacity to handle any potential additional
traffic associated with this proposed rule change. The Exchange
believes that its members will not have a capacity issue as a result of
this proposal.
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. To the contrary, the
Exchange believes that the proposed rule change will result in
additional investment options and opportunities to achieve the
investment and trading objectives of market participants seeking
efficient trading and hedging vehicles, to the benefit of investors,
market participants, and the marketplace in general. Specifically, the
Exchange believes that SPY and DIA option investors and traders will
significantly benefit from the availability of finer strike price
intervals above a 200 price point.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
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 \14\ and Rule 19b-4(f)(6)
thereunder.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 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 would allow
the Exchange to implement the proposed rule change as soon as possible
and thereby harmonize its rules regarding SPY and DIA options intervals
with the rules of other markets. The Exchange also stated that waiver
would allow market participants to more effectively tailor their
investing, trading, and hedging decisions in respect of SPY and DIA
options by using finer $1 increments. For these reasons, the Commission
believes that the proposed rule change presents no novel issues and
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest; and will allow the
Exchange to remain competitive with other exchanges. Therefore, the
Commission designates the proposed rule change to be operative upon
filing.\16\
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\16\ 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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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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BX-2014-044 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-BX-2014-044. 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, 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
[[Page 53808]]
available publicly. All submissions should refer to File Number SR-BX-
2014-044 and should be submitted on or before October 1, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21528 Filed 9-9-14; 8:45 am]
BILLING CODE 8011-01-P