Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404, 10173-10175 [2015-03810]
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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices
rules and regulations thereunder
applicable to such organization.
The Commission finds that the
proposed rule change is consistent with
Section 17A(b)(3)(F) of the Act 14 which
requires the rules of a clearing agency
to, among other things, assure the
safeguarding of securities and funds
which are in the custody or control of
the clearing agency or for which it is
responsible. OCC is amending Article
XII, Section 7, to include a new policy
and interpretation setting forth the
specific criteria a futures exchange must
meet in order for EFPs and Block Trades
to not be subject to the delayed novation
times set forth in Article XII of OCC’s
By-Laws. Specifically the exchange
must provide OCC with a certification
that the exchange has rules, policies or
procedures as they relate to verifying
the reasonableness of the price of the
EFP and Block Trade. OCC’s proposal,
as approved, does not affect the
novation time for any securities
transactions.
OCC has determined that EFPs and
Block Trades that are subject to price
reasonability checks do not present the
same settlement risks as those executed
on exchanges without price
reasonability checks, and as such has
determined that OCC’s requirement that
exchanges certify price reasonableness
policies and procedures are sufficiently
appropriate to mitigate the risks
associated with non-competitively
executed trades. In addition, in the
event a clearing member fails to its first
variation payment to OCC on an EFP or
Block Trade that was executed on an
exchange with price reasonability
checks, OCC will employ the same risk
management methodology used for all
other competitively executed trades
accept for clearing at OCC, which
should in turn reduce settlement risks
that could expose OCC to loss if it is
required to close out a defaulting
purchaser’s EFP or Block Trade
position. Combining OCC’s price
reasonableness requirements for
exchanges and OCC’s ability to liquidate
futures positions or use its clearing fund
to management risks associated with
non-payment of premiums for those
trades accepted for clearance and
settlement, OCC should have sufficient
risk management controls in place in to
assure the safeguarding of securities and
funds which are in the custody of
control of OCC or for which it is
responsible.
III. Conclusion
On the basis of the foregoing, the
Commission finds that the proposal is
14 15
U.S.C. 78q–1(b)(3)(F).
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consistent with the requirements of the
Act and in particular with the
requirements of Section 17A of the
Act 15 and the rules and regulations
thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,16 that the
proposed rule change File No. SR–OCC–
2014–23 be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Brent J. Fields,
Secretary.
[FR Doc. 2015–03811 Filed 2–24–15; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74301; File No. SR–MIAX–
2015–10]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Exchange Rule 404
February 19, 2015.
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 February 9, 2015, 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 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
amend Exchange Rule 404.
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.
15 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
16 15 U.S.C. 78s(b)(2).
17 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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10173
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 Exchange proposes to amend
Exchange Rule 404, Interpretations and
Policies .02, to extend current $0.50
strike price intervals in non-index
options to short term options with strike
prices less than $100. This is a
competitive filing that is based on
proposals recently submitted by the
International Securities Exchange, LLC
(‘‘ISE’’) and BOX Options Exchange LLC
(‘‘BOX’’).3
The Exchange proposes to amend its
rules governing the Short Term Option
Series Program to introduce finer strike
price intervals for certain Short Term
Option Series. In particular, the
Exchange proposes to amend Rule 404,
Interpretations and Policies .02(e), to
extend $0.50 strike price intervals in
non-index options to Short Term
Options Series with strike prices less
than $100 instead of the current $75.
This proposed change is intended to
eliminate gapped strikes between $75
and $100 that result from conflicting
strike price parameters under the Short
Term Option Series and $2.50 Strike
Price Programs as described in more
detail below.
Under the Exchange’s rules, the
Exchange may list Short Term Option
Series in up to fifty option classes in
addition to option classes that are
selected by other securities exchanges
that employ a similar program under
their respective rules.4 On any Thursday
or Friday that is a business day, the
Exchange may list Short Term Option
Series in designated option classes that
expire at the close of business on each
3 See Securities Exchange Act Release Nos. 73999
(January 6, 2015), 80 FR 1559 (January 12, 2015)
(SR–ISE–2014–52); 74016 (January 8, 2015), 80 FR
1976 (January 14, 2015) (SR–BOX–2015–01).
4 See Exchange Rule 404, Interpretations and
Policies .02(a).
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of the next five Fridays that are business
days and are not Fridays in which
monthly or quarterly options expire.5
These Short Term Option Series trade in
$0.50, $1, or $2.50 strike price intervals
depending on the strike price and
whether the option trades in dollar
increments in the related monthly
expiration.6 Specifically, short term
options in non-index option classes
admitted to the Short Term Options
Series Program currently trade in: (1)
$0.50 or greater strike price intervals
where the strike price is less than $75,
and $1 or greater where the strike price
is between $75 and $150 for all classes
that participate in the Short Term
Option Series Program; (ii) $0.50 strike
price intervals for classes that trade in
one dollar increments in non-Short
Term Options and that participate in the
Short Term Option Series Program; or
(iii) $2.50 or higher strike price intervals
where the strike price is above $150.
The Exchange also operates a $2.50
Strike Price Program that permits the
Exchange to select up to sixty options
classes on individual stocks to trade in
$2.50 strike price intervals, in addition
to option classes selected by other
securities exchanges that employ a
similar program under their respective
rules.7 Monthly expiration options in
classes admitted to the $2.50 Strike
Price Program trade in $2.50 intervals
where the strike price is (1) greater than
$25 but less than $50; or (2) between
$50 and $100 if the strikes are no more
than $10 from the closing price of the
underlying stock in its primary market
on the preceding day.8 These strike
price parameters conflict with strike
prices allowed for short term options
because dollar strikes between $75 and
$100 that are otherwise allowed under
the Short Term Option Series Program
may be within $0.50 of strikes listed
pursuant to the $2.50 Strike Price
Program. In order to remedy this
conflict, the Exchange proposes to
extend the $0.50 or greater strike price
intervals currently allowed for Short
Term Options Series with strike prices
less than $75 to Short Term Options
Series with strike prices less than $100.
With this proposed change, Short Term
Options Series in non-index option
classes will trade in: (1) $0.50 or greater
intervals for strike prices less than $100,
or for option classes that trade in one
dollar increments in the related monthly
5 See Exchange Rule 404, Interpretations and
Policies .02.
6 See Exchange Rule 404, Interpretations and
Policies .02(e).
7 See Exchange Rule 404(f).
8 Id. The term ‘‘primary market’’ means the
principal market in which an underlying security
is traded. See Exchange Rule 100.
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expiration option; (2) $1intervals for
strike prices that are between $100 and
$150; and (3) $2.50 or greater intervals
for strike prices above $150.
2. Statutory Basis
MIAX believes that its proposed rule
change is consistent with Section 6(b) of
the Act 9 in general, and furthers the
objectives of Section 6(b)(5) of the Act 10
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, to 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.
During the month prior to expiration,
the Exchange is permitted to list related
monthly option contracts in the
narrower strike price intervals available
for Short Term Options Series.11 After
transitioning to short term strike price
intervals, however, monthly options
that trade in $2.50 intervals between
$50 and $100 under the $2.50 Strike
Price Program, trade with dollar strikes
between $75 and $150. Due to the
overlap of $1 and $2.50 intervals, the
Exchange cannot list certain dollar
strikes between $75 and $100 that
conflict with the prior $2.50 strikes. For
example, if the Exchange initially listed
monthly options on ABC with $75,
$77.50, and $80 strikes, the Exchange
could list the $76 and $79 strikes when
these transition to short term intervals.
The Exchange would not be permitted
to list the $77 and $78 strikes, however,
as these are $0.50 away from the $77.50
strike already listed on the Exchange.
This creates gapped strikes between $75
and $100, where investors are not able
to trade otherwise allowable dollar
strikes on the Exchange. Similarly, these
conflicting strike price parameters
create issues for investors who want to
roll their positions from monthly to
weekly expirations. In the example
above, for instance, an investor that
purchased a monthly ABC option with
a $77.50 strike price would not be able
to roll that position into a later short
term expiration with the same strike
price as that strike is unavailable under
current Short Term Option Series
Program rules. Permitting $0.50
intervals for Short Term Options Series
up to $100 would remedy both of these
9 15
U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(5).
11 See Exchange Rule 404, Interpretations and
Policies .02(e).
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issues as strikes allowed under the
$2.50 Strike Price Program would not
conflict with the finer $0.50 strike price
interval.
The Short Term Option Series
Program has been well-received by
market participants and the Exchange
believes that introducing finer strike
price intervals for Short Term Options
Series with strike prices between $75
and $100, and thereby eliminating the
gapped strikes described above, will
benefit these market participants by
giving them more flexibility to closely
tailor their investment and hedging
decisions.
With regard to the impact of this
proposal on system capacity, the
Exchange has analyzed its capacity and
represents that it and the 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.
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 this regard
and as indicated above, the Exchange
notes that the rule change is being
proposed as a competitive response to
filings submitted by ISE and BOX.12 To
the contrary, the Exchange believes that
the proposed rule change will result in
additional investment options and
opportunities to achieve the investment
objectives of market participants seeking
efficient trading and hedging vehicles,
to the benefit of investors, market
participants, and the marketplace in
general. Additionally, the Exchange
believes that the proposed rule change
is necessary to permit fair competition
among the options exchanges with
respect to Short Term Option Series
Programs.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
12 Id.
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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 13 and Rule 19b–4(f)(6)
thereunder.14
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Exchange stated that waiver
of this requirement will allow the
Exchange to compete with other
exchanges with similar provisions
without putting the Exchange at a
competitive disadvantage. For this
reason, the Commission believes that
the proposed rule change presents no
novel issues and that waiver of the 30day 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.
13 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.
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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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–
MIAX–2015–10 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–MIAX–2015–10. 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
available publicly. All submissions
should refer to File Number SR–MIAX–
2015–10 and should be submitted on or
before March 18, 2015.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Brent J. Fields,
Secretary.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–74311; File No. SR–
ISEGemini–2015–05]
Self-Regulatory Organizations; ISE
Gemini, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change to Extend the Limit UpLimit Down Obvious Error Pilot
February 19, 2015.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on February
19, 2015, ISE Gemini, LLC (the
‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by 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
ISE Gemini proposes to extend a pilot
program under Rule 703A(d) that
suspends Rule 720 regarding obvious
errors during Limit and Straddle States
in securities that underlie options
traded on the Exchange. The text of the
proposed rule change is available on the
Exchange’s Internet Web site at https://
www.ise.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
self-regulatory organization has
prepared summaries, set forth in
Sections A, B and C below, of the most
significant aspects of such statements.
[FR Doc. 2015–03810 Filed 2–24–15; 8:45 am]
BILLING CODE 8011–01–P
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16 17
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U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Agencies
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10173-10175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03810]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-74301; File No. SR-MIAX-2015-10]
Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 404
February 19, 2015.
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 February 9, 2015, 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 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.
---------------------------------------------------------------------------
\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
The Exchange is filing a proposal to amend Exchange Rule 404.
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 statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Exchange Rule 404, Interpretations
and Policies .02, to extend current $0.50 strike price intervals in
non-index options to short term options with strike prices less than
$100. This is a competitive filing that is based on proposals recently
submitted by the International Securities Exchange, LLC (``ISE'') and
BOX Options Exchange LLC (``BOX'').\3\
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\3\ See Securities Exchange Act Release Nos. 73999 (January 6,
2015), 80 FR 1559 (January 12, 2015) (SR-ISE-2014-52); 74016
(January 8, 2015), 80 FR 1976 (January 14, 2015) (SR-BOX-2015-01).
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The Exchange proposes to amend its rules governing the Short Term
Option Series Program to introduce finer strike price intervals for
certain Short Term Option Series. In particular, the Exchange proposes
to amend Rule 404, Interpretations and Policies .02(e), to extend $0.50
strike price intervals in non-index options to Short Term Options
Series with strike prices less than $100 instead of the current $75.
This proposed change is intended to eliminate gapped strikes between
$75 and $100 that result from conflicting strike price parameters under
the Short Term Option Series and $2.50 Strike Price Programs as
described in more detail below.
Under the Exchange's rules, the Exchange may list Short Term Option
Series in up to fifty option classes in addition to option classes that
are selected by other securities exchanges that employ a similar
program under their respective rules.\4\ On any Thursday or Friday that
is a business day, the Exchange may list Short Term Option Series in
designated option classes that expire at the close of business on each
[[Page 10174]]
of the next five Fridays that are business days and are not Fridays in
which monthly or quarterly options expire.\5\ These Short Term Option
Series trade in $0.50, $1, or $2.50 strike price intervals depending on
the strike price and whether the option trades in dollar increments in
the related monthly expiration.\6\ Specifically, short term options in
non-index option classes admitted to the Short Term Options Series
Program currently trade in: (1) $0.50 or greater strike price intervals
where the strike price is less than $75, and $1 or greater where the
strike price is between $75 and $150 for all classes that participate
in the Short Term Option Series Program; (ii) $0.50 strike price
intervals for classes that trade in one dollar increments in non-Short
Term Options and that participate in the Short Term Option Series
Program; or (iii) $2.50 or higher strike price intervals where the
strike price is above $150.
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\4\ See Exchange Rule 404, Interpretations and Policies .02(a).
\5\ See Exchange Rule 404, Interpretations and Policies .02.
\6\ See Exchange Rule 404, Interpretations and Policies .02(e).
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The Exchange also operates a $2.50 Strike Price Program that
permits the Exchange to select up to sixty options classes on
individual stocks to trade in $2.50 strike price intervals, in addition
to option classes selected by other securities exchanges that employ a
similar program under their respective rules.\7\ Monthly expiration
options in classes admitted to the $2.50 Strike Price Program trade in
$2.50 intervals where the strike price is (1) greater than $25 but less
than $50; or (2) between $50 and $100 if the strikes are no more than
$10 from the closing price of the underlying stock in its primary
market on the preceding day.\8\ These strike price parameters conflict
with strike prices allowed for short term options because dollar
strikes between $75 and $100 that are otherwise allowed under the Short
Term Option Series Program may be within $0.50 of strikes listed
pursuant to the $2.50 Strike Price Program. In order to remedy this
conflict, the Exchange proposes to extend the $0.50 or greater strike
price intervals currently allowed for Short Term Options Series with
strike prices less than $75 to Short Term Options Series with strike
prices less than $100. With this proposed change, Short Term Options
Series in non-index option classes will trade in: (1) $0.50 or greater
intervals for strike prices less than $100, or for option classes that
trade in one dollar increments in the related monthly expiration
option; (2) $1intervals for strike prices that are between $100 and
$150; and (3) $2.50 or greater intervals for strike prices above $150.
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\7\ See Exchange Rule 404(f).
\8\ Id. The term ``primary market'' means the principal market
in which an underlying security is traded. See Exchange Rule 100.
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2. Statutory Basis
MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \9\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \10\ in particular, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to 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.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f(b).
\10\ 15 U.S.C. 78f(b)(5).
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During the month prior to expiration, the Exchange is permitted to
list related monthly option contracts in the narrower strike price
intervals available for Short Term Options Series.\11\ After
transitioning to short term strike price intervals, however, monthly
options that trade in $2.50 intervals between $50 and $100 under the
$2.50 Strike Price Program, trade with dollar strikes between $75 and
$150. Due to the overlap of $1 and $2.50 intervals, the Exchange cannot
list certain dollar strikes between $75 and $100 that conflict with the
prior $2.50 strikes. For example, if the Exchange initially listed
monthly options on ABC with $75, $77.50, and $80 strikes, the Exchange
could list the $76 and $79 strikes when these transition to short term
intervals. The Exchange would not be permitted to list the $77 and $78
strikes, however, as these are $0.50 away from the $77.50 strike
already listed on the Exchange. This creates gapped strikes between $75
and $100, where investors are not able to trade otherwise allowable
dollar strikes on the Exchange. Similarly, these conflicting strike
price parameters create issues for investors who want to roll their
positions from monthly to weekly expirations. In the example above, for
instance, an investor that purchased a monthly ABC option with a $77.50
strike price would not be able to roll that position into a later short
term expiration with the same strike price as that strike is
unavailable under current Short Term Option Series Program rules.
Permitting $0.50 intervals for Short Term Options Series up to $100
would remedy both of these issues as strikes allowed under the $2.50
Strike Price Program would not conflict with the finer $0.50 strike
price interval.
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\11\ See Exchange Rule 404, Interpretations and Policies .02(e).
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The Short Term Option Series Program has been well-received by
market participants and the Exchange believes that introducing finer
strike price intervals for Short Term Options Series with strike prices
between $75 and $100, and thereby eliminating the gapped strikes
described above, will benefit these market participants by giving them
more flexibility to closely tailor their investment and hedging
decisions.
With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
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.
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 this regard and as
indicated above, the Exchange notes that the rule change is being
proposed as a competitive response to filings submitted by ISE and
BOX.\12\ To the contrary, the Exchange believes that the proposed rule
change will result in additional investment options and opportunities
to achieve the investment objectives of market participants seeking
efficient trading and hedging vehicles, to the benefit of investors,
market participants, and the marketplace in general. Additionally, the
Exchange believes that the proposed rule change is necessary to permit
fair competition among the options exchanges with respect to Short Term
Option Series Programs.
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\12\ Id. [sic].
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor received.
[[Page 10175]]
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 \13\ and Rule 19b-4(f)(6)
thereunder.\14\
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\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will allow
the Exchange to compete with other exchanges with similar provisions
without putting the Exchange at a competitive disadvantage. For this
reason, the Commission believes that the proposed rule change presents
no novel issues and that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest;
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\
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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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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-MIAX-2015-10 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-MIAX-2015-10. 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 available publicly. All
submissions should refer to File Number SR-MIAX-2015-10 and should be
submitted on or before March 18, 2015.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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\16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03810 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P