[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61413-61416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25476]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65420; File No. SR-Phlx-2011-128]


Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC Regarding 
Simplification of the Exchange's $1 Strike Price Program

September 28, 2011.
    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 September 27, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or 
``Exchange'') 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

    The Exchange is filing with the Commission a proposal to modify 
Commentary .05 to Phlx Rule 1012 (Series of Options Open for Trading) 
to simplify the Exchange's $1 Strike Price Program (the ``$1 Strike 
Program'' or ``Program'').
    The Exchange requests that the Commission waive the 30-day 
operative delay period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\3\
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    \3\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/Filings/, at the Exchange's principal office, on the Commission's Web 
site at http://www.sec.gov, and at the Commission's Public Reference 
Room.

[[Page 61414]]

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 modify Commentary 
.05 to Phlx Rule 1012 to simplify the Exchange's $1 Strike Program.
    In 2003, the Commission issued an order permitting the Exchange to 
establish the Program on a pilot basis.\4\ At that time, the underlying 
stock had to close at $20 on the previous trading day in order to 
qualify for the Program. The range of available $1 strike price 
intervals was limited to a range between $3 and $20 and no strike price 
was permitted that was greater than $5 from the underlying stock's 
closing price on the previous trading day. Series in $1 strike price 
intervals were not permitted within $0.50 of an existing strike. In 
addition, the Exchange was limited to selecting five (5) classes and 
reciprocal listing was permitted. Furthermore, LEAPS \5\ in $1 strike 
price intervals were not permitted for classes selected to participate 
in the Program. The Exchange renewed the pilot program on a yearly 
basis.\6\
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    \4\ See Securities Exchange Act Release No. 48013 (June 11, 
2003), 68 FR 35933 (June 17, 2003) (SR-Phlx-2002-55) (approval of 
pilot program).
    \5\ Long-Term Equity Anticipation Securities (LEAPS) are long-
term options that generally have up to thirty-nine months from the 
time they are listed until expiration. Commentary .03 to Rule 1012. 
Long-term FLEX options and index options are considered separately 
in Rules 1079(a)(6) and 1101A(b)(iii), respectively.
    \6\ Securities Exchange Act Release Nos. 49801 (June 3, 2004), 
69 FR 32652 (June 10, 2004) (SR-Phlx-2004-38); 51768 (May 31, 2005), 
70 FR 33250 (June 7, 2005) (SR-Phlx-2005-35); 53938 (June 5, 2006), 
71 FR 34178 (June 13, 2006) (SR-Phlx-2006-36); and 55666 (April 25, 
2007), 72 FR 23879 (May 1, 2007) (SR-Phlx-2007-29).
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    In 2008, the Program was expanded and the Commission granted 
permanent approval of the Program.\7\ At that time, the Program was 
expanded to increase the upper limit of the permissible strike price 
range from $20 to $50. In addition, the number of class selections per 
exchange was increased from five (5) to ten (10). Since the Program was 
made permanent, the number of class selections per exchange has been 
increased from ten (10) classes to 55 classes.\8\ The number of class 
selections per exchange has been last expanded to 150 classes in 
2010.\9\
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    \7\ See Securities Exchange Act Release No. 57111 (January 8, 
2008), 73 FR 2297 (January 14, 2008) (SR-Phlx-2008-01).
    \8\ See Securities Exchange Act Release No. 59590 (March 17, 
2009), 74 FR 12412 (March 24, 2009) (SR-Phlx-2009-21).
    \9\ See Securities Exchange Act Release No. 62420 (June 30, 
2010), 75 FR 39593 (July 9, 2010) (SR-Phlx-2010-72).
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Amendments To Simplify Non-LEAPS Rule Text
    The development and expansion of the Program has resulted in very 
lengthy rule text that is complicated and could be difficult to 
understand. The Exchange believes that the proposed changes to simplify 
the rule text of the Program will benefit market participants since the 
Program will be easier to understand and will maintain the expansions 
that were made to the Program in 2010. Through the current proposal, 
the Exchange also hopes to make administration of the Program easier 
(e.g., system programming efforts). To simply the rules of the Program 
and, as a proactive attempt to mitigate any unintentional listing of 
improper strikes, the Exchange is proposing the following streamlining 
amendments:
     When the price of the underlying stock is equal to or less 
than $20, permit $1 strike price intervals with an exercise price up to 
100% above and 100% below the price of the underlying stock.\10\
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    \10\ See proposed new subparagraph (a)(i)(B)(1) of Commentary 
.05 to Rule 1012.
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    [cir] However, the above restriction would not prohibit the listing 
of at least five (5) strike prices above and below the price of the 
underlying stock per expiration month in an option class.\11\
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    \11\ Id.
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    [cir] For example, if the price of the underlying stock is $2, the 
Exchange would be permitted to list the following series: $1, $2, $3, 
$4, $5, $6 and $7.\12\
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    \12\ Id.
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     When the price of the underlying stock is greater than 
$20, permit $1 strike price intervals with an exercise price up to 50% 
above and 50% below the price of the underlying security up to $50.\13\
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    \13\ See proposed new subparagraph (a)(i)(B)(2) of Commentary 
.05 to Rule 1012.
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     For the purpose of adding strikes under the Program, the 
``price of the underlying stock'' shall be measured in the same way as 
``the price of the underlying security'' set forth in subparagraph (a) 
of Commentary .10 to Rule 1012.\14\
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    \14\ See proposed new subparagraph (a)(i)(B)(3) of Commentary 
.05 to Rule 1012. Subparagraph (a) of Commentary .10 to Rule 1012 
provides, in relevant part, that the price of the underlying 
security is measured by: (i) For intra-day add-on series and next-
day series additions, the daily high and low of all prices reported 
by all national securities exchanges; (ii) for new expiration 
months, the daily high and low of all prices reported by all 
national securities exchanges on the day the Exchange determines to 
list a new series; and (iii) for option series to be added as a 
result of pre-market trading, the most recent share price reported 
by all national securities exchanges between 8:45 a.m. and 9:30 a.m. 
Eastern Time.
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     Prohibit the listing of additional series in $1 strike 
price intervals if the underlying stock closes at or above $50 in its 
primary market and provide that additional series in $1 strike price 
intervals may not be added until the underlying stock closes again 
below $50.\15\
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    \15\ The Exchange believes that other markets that have $1 
strike programs will submit similar proposals to the Commission, and 
therefore proposes the $50 dollar prohibition in this filing for 
purposes of uniformity. The Exchange intends, however, to 
subsequently propose an amendment to the $50 prohibition so that it 
would not impede addition series in $1 strike price intervals in 
certain circumstances (e.g. stock gapping).
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Amendments To Simplify LEAPS Rule Text
    The 2010 expansion of the Program permitted for some limited 
listing of LEAPS in $1 strike price intervals for classes that 
participate in the Program. The Exchange is proposing to maintain the 
expansion as to LEAPS, but simplify the language and provide examples 
of the simplified rule text. These changes are set forth in proposed 
subparagraph (a)(i)(B)(5) of Commentary .05 to Rule 1012.
    For stocks in the Program, the Exchange may list one $1 strike 
price interval between each standard $5 strike interval, with the $1 
strike price interval being $2 above the standard strike for each 
interval above the price of the underlying stock, and $2 below the 
standard strike for each interval below the price of the underlying 
stock (``$2 wings''). For example, if the price of the underlying stock 
is $24.50, the Exchange may list the following standard strikes in $5 
intervals: $15, $20, $25, $30 and $35. Between these standard $5 
strikes, the Exchange may list the following $2 wings: $18, $27 and 
$32.\16\
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    \16\ The Exchange notes that a $2 wing is not permitted between 
the standard $20 and $25 strikes in the above example. This is 
because the $2 wings are added based on reference to the price of 
the underlying and as being between the standard strikes above and 
below the price of the underlying stock. Since the price of the 
underlying stock ($24.50) straddles the standard strikes of $20 and 
$25, no $2 wing is permitted between these standard strikes.

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[[Page 61415]]

    In addition, the Exchange may list the $1 strike price interval 
which is $2 above the standard strike just below the underlying price 
at the time of listing. In the above example, since the standard strike 
just below the underlying price ($24.50) is $20, the Exchange may list 
a $22 strike. The Exchange may add additional long-term options series 
strikes as the price of the underlying stock moves, consistent with the 
OLPP.
Non-Substantive Amendments to Rule Text
    The 2010 expansion of the Program prohibited the listing of $2.50 
strike price intervals for classes that participate in the Program. 
This prohibition applies to non-LEAP and LEAPS. The Exchange proposes 
to maintain this prohibition and codify it in proposed new subparagraph 
(a)(i)(A) of Commentary .05 to Rule 1012.
    For ease of reference, the Exchange is proposing to add the 
headings ``$1 Strike Price Interval Program,'' ``Initial and Additional 
Series,'' and ``LEAPS'' to Commentary .05 of Rule 1012. And finally, 
the Exchange is making non- substantive, technical changes to the 
proposed rule such as replacing the word ``security'' with the word 
``stock.''
    The Exchange represents that it has the necessary systems capacity 
to support the increase in new options series that will result from the 
proposed streamlining changes to the Program.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \17\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \18\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism 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 seeks to reduce 
investor confusion and to simplify the provisions of the $1 Strike 
Program.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 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

    No written comments were either solicited or received.

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 \19\ and Rule 19b-
4(f)(6) thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 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 
Commission has waived the five-day prefiling requirement in this 
case.
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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.\21\ 
Therefore, the Commission designates the proposal operative upon 
filing.\22\
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    \21\ See Securities Exchange Act Release No. 65383 (September 
22, 2011) (SR-CBOE-2011-040) (order approving proposed rule change 
to simplify the $1 Strike Price Interval Program).
    \22\ 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. 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-Phlx-2011-128 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-Phlx-2011-128. 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 such filing also will be 
available for inspection and copying at the principal office of the 
Exchange. All comments received will be posted without change; the 
Commission does not edit personal identifying information from 
submissions. You should submit only information that you wish to make 
publicly available. All submissions should refer to File Number SR-
Phlx-2011-128 and should be submitted on or before October 25, 2011.


[[Page 61416]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25476 Filed 10-3-11; 8:45 am]
BILLING CODE 8011-01-P