[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12771-12773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5141]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64009; File No. SR-BX-2011-014]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
BOX Trading Rules To Expand the Short Term Option Series Program
March 2, 2011.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on March 1, 2011, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by 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
The Exchange proposes to amend Chapter IV, Section 6 (Series of
Options Contracts Open for Trading) and Chapter XIV, Section 10 (Terms
of Index Option Contracts) of the Rules of the Boston Options Exchange
Group, LLC (``BOX'') to expand the Short Term Option Series Program
(``Weeklys Program'') so that BOX may select fifteen option classes on
which Weekly options may be opened. The text of the proposed rule
change is available from the principal office of the Exchange, on the
Commission's Web site at http://www.sec.gov, at the Commission's Public
Reference Room, and also on the Exchange's Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.
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 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.
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 (Series of Options Contracts Open for Trading) and Chapter
XIV, Section 10 (Terms of Index Option Contracts) of the Rules of the
Boston Options Exchange Group, LLC (``BOX'') to expand the Short Term
Option Series Program (``Weeklys Program'') so that BOX may select
fifteen option classes on which Weekly options may be opened.\3\ The
Weeklys Program is codified in the Supplementary Material to the BOX
Rules Sections identified above. These rules provide that after an
option class has been approved for listing and trading on BOX, BOX may
open for trading on any Thursday or Friday that is a business day
series of options on no more than five option classes that expire on
the Friday of the following business week that is a business day. In
addition to the five-option class limitation, there is also a
limitation that no more than twenty series for each expiration date in
those classes that may be opened for trading.\4\ Furthermore, the
strike price of each Weekly option has to be fixed with approximately
the same number of strike prices being opened above and below the value
of the underlying security at about the time that the Weekly options
are initially opened for trading on BOX, and with strike prices being
within thirty percent (30%) above or below the closing price of the
underlying security from the preceding day. The Exchange does not
propose any changes to these additional Weeklys Program limitations.
The Exchange proposes only to increase from five to fifteen the number
of option classes that may be opened pursuant to the Weeklys Program.
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\3\ The Exchange's Weeklys Program became effective on July 15,
2010. See Securities Exchange Act Release No. 62505 (July 15, 2010),
75 FR 42792 (July 22, 2010) (SR-BX-2010-047).
\4\ However, if BOX opens less than twenty (20) Weekly options
for a Weekly Option Expiration Date, additional series may be opened
for trading on BOX when the Exchange deems it necessary to maintain
an orderly market, to meet customer demand or when the market price
of the underlying security moves substantially from the exercise
price or prices of the series already opened. Any additional strike
prices listed by the Exchange shall be within thirty percent (30%)
above or below the current price of the underlying security. BOX may
also open additional strike prices of Weekly Option Series that are
more than 30% above or below the current price of the underlying
security provided that demonstrated customer interest exists for
such series, as expressed by institutional, corporate or individual
customers or their brokers (market-makers trading for their own
account shall not be considered when determining customer interest
under this provision).
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The principal reason for the proposed expansion is customer demand
for adding, or not removing, Weekly option classes from the Program.
Since there is reciprocity in matching other exchanges' Weekly option
choices, BOX discontinues trading Weekly option classes that other
exchanges change from week-to-week. BOX believes that these class pick
changes have negatively impacted investors and traders, particularly
retail public customers, who have, on occasion requested that BOX add
Weekly option classes.
BOX understands that a retail investor recently requested another
exchange to reinstate a Weekly option class that the exchange had
removed from trading because of the five-class option limit within the
Weekly Program. The investor advised that the removed class was a
powerful tool for hedging a market sector, and that various strategies
that the investor put into play were disrupted and eliminated when the
class was removed. BOX feels that it is essential that such negative,
potentially very costly impacts on retail investors are eliminated by
modestly expanding the Program to enable additional classes to be
traded.
With regard to the impact of this proposal on system capacity, BOX
has analyzed its capacity and represents that it and the Options Price
Reporting Authority (``OPRA'') have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of classes in the Weeklys Program.
BOX believes that the Weeklys Program has provided investors with
greater trading opportunities and flexibility and the ability to more
closely tailor their investment and risk management strategies and
decisions. Furthermore, BOX has had to eliminate option classes on
numerous occasions because of the limitation imposed by the
[[Page 12772]]
Program.\5\ For these reasons, the Exchange requests an expansion of
the current Weeklys Program and the opportunity to provide investors
with additional short term option classes for investment, trading, and
risk management purposes.
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\5\ As discussed above, because of the reciprocity provision of
the Weeklys Program, the classes that BOX lists to participate in
the Weeklys Program change when another exchange changes its class
selections for the Weeklys Program.
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Finally, the Commission has requested, and BOX has agreed for the
purposes of this filing, to submit a report to the Commission providing
an analysis of the Weeklys Program (the ``Report''). The Report will
cover the period from the date of effectiveness of the Weeklys Program
through January 2011, and will describe the experience of BOX with the
Weeklys Program in respect of the options classes that BOX included in
such program.\6\
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\6\ The Report would include the following: (1) Data and written
analysis on the open interest and trading volume in the classes for
which Short Term Option Series were opened; (2) an assessment of the
appropriateness of the option classes selected for the Weeklys
Program; (3) an assessment of the impact of the Weeklys Program on
the capacity of BOX, OPRA, and market data vendors (to the extent
data from market data vendors is available); (4) any capacity
problems or other problems that arose during the operation of the
Weeklys Program and how BOX addressed such problems; (5) any
complaints that BOX or the Exchange received during the operation of
the Weeklys Program and how they were addressed; and (6) any
additional information that would assist in assessing the operation
of the Weeklys Program.
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The Report will be submitted on a confidential basis under separate
cover at the same time as this proposed rule change.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that expanding
the number of classes eligible to participate in the Weeklys Program
will allow the investing public and other market participants to better
manage their risk exposure, and would benefit investors by giving them
more flexibility to closely tailor their investment decisions in a
greater number of securities. While the expansion of the Weeklys
Program will generate additional quote traffic, BOX does not believe
that this increased traffic will become unmanageable since the proposal
is limited to a fixed number of classes. Further, BOX does not believe
that the proposal will result in a material proliferation of additional
series because it is limited to a fixed number of classes and BOX does
not believe that the additional price points will result in fractured
liquidity.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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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)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and 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. The
Exchange has satisfied this requirement.
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The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to that of
another exchange that has been approved by the Commission.\11\
Therefore, the Commission designates the proposal operative upon
filing.\12\
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\11\ See Securities Exchange Act Release No. 63875 (February 9,
2011), 76 FR 8793 (February 15, 2011) (SR-Phlx-2010-183) (order
approving expansion of Short Term Option Program).
\12\ For purposes only of waiving the 30-day operative delay,
the Commission has 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.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
Send an e-mail to [email protected]. Please include
File Number SR-BX-2011-014 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-BX-2011-014. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and
[[Page 12773]]
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-BX-2011-014 and should be submitted on
or before March 29, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-5141 Filed 3-7-11; 8:45 am]
BILLING CODE 8011-01-P