[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65305-65306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27137]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65573; File No. SR-NYSEArca-2011-59]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting 
Approval of Proposed Rule Change Adding Commentary .01 to Rule 6.37B 
Concerning Market Maker Continuous Quoting Obligations and Adjusted 
Option Series

October 14, 2011.

I. Introduction

    On August 16, 2011, NYSE Amex LLC (``Exchange'' or ``NYSE Arca'') 
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 
add Commentary .01 to Rule 6.37B to indicate that market makers will 
not be obligated to quote in adjusted option series and to reference an 
existing exception to the quoting obligations. The proposed rule change 
was published for comment in the Federal Register on September 1, 
2011.\3\ The Commission received no comment letters on the proposed 
rule change. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 65210 (August 26, 
2011), 76 FR 54516 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to add Commentary .01 to Rule 6.37B (i) To 
add an exception to relieve market makers from the obligation to 
continuously quote in adjusted option series, and (ii) to reflect in 
Rule 6.37B an exception from the continuous quote requirements for 
Long-Term Equity Option Series (``LEAPS'') that is currently provided 
for in Rule 6.4(e)(i).
    Rule 6.37B, relating to market maker quotations, requires a Lead 
Market Maker to provide continuous two-sided quotations throughout the 
trading day in its appointed issues for 90% of the time the Exchange is 
open for trading in each such issue. Rule 6.37B also requires non-lead 
market makers to provide continuous two-sided quotations throughout the 
trading day in their appointed issues for 60% of the time the Exchange 
is open for trading in each such issue.
    Rule 6.4(e)(i), relating to LEAPS open for trading, currently 
provides that Exchange Rules regarding continuous quoting obligations 
do not apply to index option series until the time to expiration is 
less than 12 months and do not apply to equity options or option on 
Exchange Traded Fund Shares until the time to expiration is less than 
nine months.\4\
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    \4\ In addition, Rule 6.4(e)(1) provides that trading in such 
LEAPS will commence either when there is buying or selling interest, 
or forty minutes prior to the close of trading for the day, 
whichever occurs first. Further, the rule provides that quotations 
will not be posted for extended far term option series until trading 
in such series is commenced on the day.
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    The Exchange now proposes to add Commentary .01 to Rule 6.37B (the 
rule applicable to market maker quotations) to reflect the exception 
for LEAPS that is currently provided for in Rule 6.4(e)(i) to the 
continuous quoting obligations contained in Rule 6.37B. In other words, 
without altering the substance of the exception, the Exchange is 
proposing to include text that already appears in Rule 6.4(e)(i) into 
Rule 6.37B in order to reference that exception in the rule that 
addresses market maker quoting obligations.
    In addition, the Exchange proposes to extend the exception from the 
continuous quoting obligations to certain ``adjusted series.'' The 
Exchange proposes to define an ``adjusted series'' for purposes of Rule 
6.37B as ``an option series wherein, as a result of a corporate action 
by the issuer of the underlying security, one option contract in the 
series represents the delivery of other than 100 shares of underlying 
stock or Exchange-Traded Fund Shares.'' \5\
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    \5\ The Exchange provided additional background regarding 
adjusted series options in its Notice. See Notice, supra note 3, at 
54517.
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    In its filing, the Exchange notes that adjusted series are 
generally active for a short period of time following adjustment and 
thereafter become inactive as new orders to open options positions in 
the underlying are almost exclusively placed in the new standard 
contracts.\6\ The Exchange noted that adjusted series may not meet the 
standards to be considered ``active'' and thereby, under Commentary .03 
to NYSE Arca Rule 6.86, the Exchange may no longer disseminate quotes 
in such series.\7\ Consequently, market makers are currently required 
to submit quotes in adjusted series that may not be published to OPRA 
unless otherwise requested.\8\
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    \6\ See id.
    \7\ See id.
    \8\ Commentary .03 to Rule 6.86 states, in part, ``The Exchange 
may determine that a series has become active intraday if (i) the 
series trades at any options exchange; (ii) NYSE Arca receives an 
order in the series; or (iii) NYSE Arca receives a request for quote 
from a customer in that series. If a series becomes active intraday, 
the Exchange will immediately disseminate quotes in the series to 
OPRA, and continue to disseminate quotes for the balance of the 
trading day.''
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    In its filing, the Exchange states that market makers, including 
Lead Market Makers, that have recently withdrawn from assignments in 
classes have informed the Exchange that the withdrawals were based in 
part on the obligation to continuously quote adjusted options series 
whereby the quoting obligations on such less frequently traded option 
series impacted the risk parameters acceptable to the market makers.\9\ 
The Exchange noted that market makers have also expressed concern that 
the adjusted nature of these series complicates the calculation of an 
appropriate quote.\10\ As a result of withdrawals from such assignments 
by market makers, the Exchange states that liquidity, as well as 
volume, has been negatively impacted in the affected options classes 
listed on the Exchange.\11\ The Exchange now proposes to add an 
exception to Rule 6.37B to relieve market makers from the obligation to 
continuously quote in adjusted option series in order to encourage 
market makers, including Lead Market Makers, to continue their 
appointments in option classes that include adjusted series.
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    \9\ See Notice, supra note 3, at 54517. See also Rule 6.35 
(providing for market maker appointments by class).
    \10\ See Notice, supra note 3, at 54517.
    \11\ See id.
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III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of Section 6 of the Act \12\ 
and the rules and regulations thereunder applicable to a national 
securities exchange.\13\ In particular, the Commission finds that the 
proposed rule change is consistent with Section 6(b)(5) of the Act,\14\ 
which requires, among other things, that the Exchange's rules be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation

[[Page 65306]]

and coordination with persons engaged in facilitating transactions in 
securities, 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.
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    \12\ 15 U.S.C. 78f.
    \13\ 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).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange's proposal to relieve market makers from the 
obligation to continuously quote in adjusted series would not affect 
market makers' other obligations. For example, the Commission notes 
that the proposal does not excuse a market maker from the obligations 
to respond with a two-sided, legal width market to a call for a market 
by a floor broker.\15\ The Commission also notes that the proposal does 
not excuse a market maker from the obligation to submit a single quote 
or maintain continuous quotes in one or more series of an option issue 
within the market maker's appointment whenever, in the judgment of such 
Trading Official, it is necessary to do so in the interest of 
maintaining fair and orderly markets.\16\ Accordingly, the Exchange's 
proposal concerning adjusted series is narrowly tailored to, among 
other things, 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. To the extent such series, 
shortly after the adjustment, become inactive as a result of a lack of 
interest in the series by market participants who have instead focused 
their trading in the new standard contracts, the Exchange's proposal 
would reduce the burden on market makers to submit continuous quotes 
that the Exchange may not submit to OPRA. In so doing, the proposal may 
incentivize market makers to continue appointments in classes that have 
adjusted option series, and thereby should help maintain liquidity in 
these classes to the benefit of the Exchange, its OTP Holders, and 
investors. In addition, the obligation to continuously quote in such 
illiquid series, for which there may be little or no trading interest, 
is a minor part of a market maker's overall obligations and thus 
requiring a continuous quote may not justify the system resources 
necessary to accommodate them.
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    \15\ See NYSE Arca Rule 6.37B.
    \16\ See NYSE Arca Rule 6.37(b)(5) and Commentary .05.
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    Further, the proposed new Commentary .01 to Rule 6.37B (the rule 
applicable to market maker quotations) to reflect the exception for 
LEAPS provided for in Rule 6.4(e)(i) to the continuous quoting 
obligations contained in Rule 6.37B, is not a new substantive 
provision, but rather references the exception currently provided for 
in Rule 6.4(e)(i). In so doing, the proposed change clarifies the 
exception by referencing it in the rule applicable to market maker 
quoting obligations generally.

IV. Conclusion

    It Is Therefore Ordered, pursuant to Section 19(b)(2) of the 
Act,\17\ that the proposed rule change (SR-NYSEArca-2011-59) be, and 
hereby is, approved.
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    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-27137 Filed 10-19-11; 8:45 am]
BILLING CODE 8011-01-P