[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Notices]
[Pages 79723-79725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32748]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65968; File No. SR-ISE-2011-83]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Extend the Penny Pilot Program
December 15, 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 December 2, 2011, International Securities Exchange, LLC (the
``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III 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 ISE proposes to amend its rules relating to a pilot program to
quote and to trade certain options in pennies (``Penny Pilot
Program''). The text of the proposed rule change is as follows, with
deletions in [brackets] and additions are underlined:
Rule 710. Minimum Trading Increments
(a) The Board may establish minimum trading increments for
options traded on the Exchange. Such changes by the Board will be
designated as a stated policy, practice, or interpretation with
respect to the administration of this Rule 710 within the meaning of
subparagraph (3)(A) of Section 19(b) of the Exchange Act and will be
filed with the SEC as a rule change for effectiveness upon filing.
Until such time as the Board makes a change in the increments, the
following principles shall apply:
(1) If the options contract is trading at less than $3.00 per
option, $.05; and
(2) If the options contract is trading at $3.00 per option or
higher, $.10.
(b) Minimum trading increments for dealings in options contracts
other than those specified in paragraph (a) may be fixed by the
Exchange from time to time for options contracts of a particular
series.
(c) Notwithstanding the above, the Exchange may trade in the
minimum variation of the primary market in the underlying security.
Supplementary Material to Rule 710
.01 Notwithstanding any other provision of this Rule 710, the
Exchange will operate
[[Page 79724]]
a pilot program, scheduled to expire on June 30, 2012, to permit
options classes to be quoted and traded in increments as low as
$.01. The Exchange will specify which options trade in such pilot,
and in what increments, in Regulatory Information Circulars filed
with the Commission pursuant to Rule 19b-4 under the Exchange Act
and distributed to Members.
The Exchange may replace [, on a semi-annual basis,] any penny
pilot issues that have been delisted with the next most actively
traded multiply listed options classes that are not yet included in
the penny pilot, based on trading activity in the previous six
months. The replacement issues may be added to the penny pilot on
the second trading day following January 1, 2012 [2011 and July 1,
2011].
.02 No Change.
* * * * *
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 parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
Under the Penny Pilot Program, the minimum price variation for all
participating options classes, except for the Nasdaq-100 Index Tracking
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01
increments for all options series. The Penny Pilot Program is currently
scheduled to expire on December 31, 2011.\3\ The Exchange proposes to
extend the time period of the Penny Pilot Program through June 30,
2012, and to provide revised dates for adding replacement issues to the
Penny Pilot program. The Exchange proposes that any Penny Pilot Program
issues that have been delisted may be replaced on the second trading
day following January 1, 2012. The replacement issues will be selected
based on trading activity for the six month period beginning June 1,
2011, and ending November 30, 2011. This filing does not propose any
substantive changes to the Penny Pilot Program: All classes currently
participating will remain the same and all minimum increments will
remain unchanged. The Exchange believes the benefits to public
customers and other market participants who will be able to express
their true prices to buy and sell options have been demonstrated to
outweigh the increase in quote traffic.
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\3\ See Exchange Act Release No. 63437 (December 6, 2010), 75 FR
77032 (December 10, 2010).
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The Exchange agrees to submit reports to the Commission that will
analyze the impact of the Penny Pilot Program on market quality and
options systems capacity. These reports will include, but are not
limited to: (1) Data and analysis on the number of quotations generated
for options included in the report; (2) an assessment of the quotation
spreads for the options included in the report; (3) an assessment of
the impact of the Penny Pilot Program on the capacity of the ISE's
automated systems; (4) data reflecting the size and depth of markets;
and (5) any capacity problems or other problems that arose related to
the operation of the Penny Pilot Program and how the Exchange addressed
them.
2. Statutory Basis
The basis under the Securities Exchange Act of 1934 (the ``Exchange
Act'') for this proposed rule change is found in Section 6(b)(5), in
that the proposed rule change is designed to promote just and equitable
principles of trade, 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. In particular, the
proposed rule change, which extends the Penny Pilot Program for an
additional six months, will enable public customers and other market
participants to express their true prices to buy and sell options for
the benefit of all market participants.
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition
that is 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-
4(f)(6)(iii) thereunder.\5\ The Exchange provided the Commission with
written notice of its 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 the proposed rule change
as required by Rule 19b-4(f)(6).\6\
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\4\ 15 U.S.C. 78s(b)(3)(A).
\5\ 17 CFR 240.19b-4(f)(6)(iii).
\6\ 17 CFR 240.19b-4(f)(6).
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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 email to [email protected]. Please include
File No. SR-ISE-2011-83 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 No. SR-ISE-2011-83. This file
number should be included on the subject line if email is used. To help
the
[[Page 79725]]
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 available publicly. All submissions
should refer to File No. SR-ISE-2011-83 and should be submitted on or
before January 12, 2012.
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. 2011-32748 Filed 12-21-11; 8:45 am]
BILLING CODE 8011-01-P