[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Page 72482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30200]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65776; File No. SR-Phlx-2011-131]
Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Granting Approval of Proposed Rule Change Expanding the Short Term
Option Series Program
November 17, 2011.
I. Introduction
On September 28, 2011, NASDAQ OMX PHLX LLC (``Phlx'' 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 expand the Short Term Option Program
(``Program'') to allow the Exchange to: (1) Select up to 30 option
classes on which Short Term Option Series (``STO Series'') may be
listed; and (2) open Short Term Option Series that are opened by other
securities exchanges in option classes selected by such exchanges under
their respective short term option rules. The proposed rule change was
published for comment in the Federal Register on October 17, 2011.\3\
The Commission received no comment letters on the proposal. 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\ Securities Exchange Act Release No. 65529 (October 11,
2011), 76 FR 64144 (``Notice'').
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II. Description of the Proposal
The Exchange proposed to amend Rule 1012 (Series of Options Open
for Trading) and Rule 1101A (Terms of Option Contracts) to expand the
Short Term Option Series Program (``STO Program'' or ``Program'') to:
(1) Increase from 15 to 30 the number of option classes on which STO
Series may be opened; and (2) allow the Exchange to open STO Series
that are opened by other securities exchanges (the ``STO Exchanges'')
in option classes selected by such exchanges under their respective
short term option rules.
In the Notice, the Exchange stated that the principal reason for
the proposed expansion is market demand for additional STO classes and
series. The Exchange stated that it has had to turn away STO customers
because it could not list, or had to delist, STO Series or could not
open adequate STO Series because of restrictions in the STO Program.
The Exchange also stated that it has analyzed its capacity, and
represented 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 Program.
III. Discussion
The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\4\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\5\ which requires, among other things, that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, 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. The Commission
believes that the proposal strikes a reasonable balance between the
Exchange's desire to offer a wider array of investment opportunities
and the need to avoid unnecessary proliferation of options series.
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\4\ 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).
\5\ 15 U.S.C. 78f(b)(5).
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In approving this proposal, the Commission notes that Exchange has
represented that it and OPRA have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of classes in the Program. The Commission expects the
Exchange to monitor the trading volume associated with the additional
options series listed as a result of this proposal and the effect of
these additional series on market fragmentation and on the capacity of
the Exchange's, OPRA's, and vendors' automated systems.
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\6\ that the proposed rule change (SR-Phlx-2011-131) be, and it
hereby is, approved.
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\6\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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\7\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30200 Filed 11-22-11; 8:45 am]
BILLING CODE 8011-01-P