[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76145-76146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30890]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68460; File No. SR-NYSEMKT-2012-41]


Self-Regulatory Organizations; NYSE MKT LLC.; Order Granting 
Approval of Proposed Rule Change To Amend Commentary .04 to NYSE Amex 
Options Rule 903 To Permit the Exchange to List Additional Strike 
Prices Until the Close of Trading on the Second Business Day Prior to 
Monthly Expiration

December 18, 2012.

I. Introduction

    On September 6, 2012, NYSE MKT LLC (``NYSE MKT'' 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 
amend Commentary .04 to NYSE Amex Options Rule 903 to permit the 
Exchange to list additional strike prices until the close of trading on 
the second business day prior to monthly expiration in unusual market 
conditions. The proposed rule change was published for comment in the 
Federal Register on September 20, 2012.\3\ On November 1, 2012, the 
Commission designated a longer period to act on the proposed rule 
change, until December 19, 2012.\4\ The Commission received no comment 
letters on the

[[Page 76146]]

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. 67862 (September 14, 
2012), 77 FR 58429 (``Notice'').
    \4\ Securities Exchange Act Release No. 68135, 77 FR 66896 
(November 7, 2012).
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II. Description of the Proposal

    The Exchange proposes to amend Commentary .04 to NYSE Amex Options 
Rule 903 to permit the Exchange to add additional strikes until the 
close of trading on the second business day prior to the expiration of 
a monthly, or standard, option in the event of unusual market 
conditions. NYSE Amex Options Rule 903 currently permits the Exchange 
to open additional series of individual stock options until the first 
calendar day of the month in which the option expires or until the 
fifth business day prior to expiration if unusual market conditions 
exist.\5\ The Exchange claims that, under its current rules, if unusual 
market conditions occur anytime from five to two days prior to 
expiration, then market participants are unable to obtain a contract 
tailored to manage their risk.\6\ According to the Exchange, options 
market participants generally prefer to focus their trading in strike 
prices that immediately surround the price of the underlying 
security.\7\ If, however, the price of the underlying stock moves 
significantly, the Exchange argues that there may be a market need for 
additional strike prices to adequately account for market participants' 
risk management in a stock.\8\ Accordingly, the Exchange proposes to 
permit the listing of additional strikes until the close of trading on 
the second business day prior to expiration of a monthly option in 
unusual market conditions.
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    \5\ The Exchange may make the determination to open additional 
series for trading when the Exchange deems it necessary to maintain 
an orderly market, to meet customer demand, or when certain price 
movements take place in the underlying market. See Notice, supra 
note 3 at 58429.
    \6\ See Notice, supra note 3 at 58429.
    \7\ See id.
    \8\ See id.
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    The Exchange represents that the proposal does not raise any 
capacity concerns on the Exchange because the proposed change presents 
no material difference in impact from the current rules.\9\ The 
Exchange notes that the proposed change allows for new strikes that it 
would otherwise be permitted to add under existing rules either on the 
fifth day prior to or immediately after expiration. The Exchange 
further represents that it discussed the proposed change with the 
Options Clearing Corporation (``OCC'').\10\ According to the Exchange, 
the OCC represented that it is able to accommodate the proposal and 
will have no operational concerns with adding new series on any day, 
except the last day of trading an expiring series.\11\ The Exchange 
states that, since the implementation of the fifth business day 
restriction on listing additional strikes, improved communications and 
the adoption of the Streamline Options Series Adds by OCC allows 
notification of new strikes in real time throughout the industry.\12\
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    \9\ See id. at 58430. The Exchange also stated that any new 
strikes added under this proposal would be added in a manner 
consistent with the range limitations described in NYSE Amex Options 
Rule 903A.
    \10\ See id.
    \11\ See id.
    \12\ See id. at 58429 n 4.
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III. Discussion and Commission Findings

    After careful review of the proposed rule change, 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.\13\ Specifically, the Commission finds 
that the proposal is consistent with Section 6(b)(5) of the Act,\14\ 
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 notes that the 
proposed change extends the timeframe during which the Exchange may 
list additional series of individual stock options in unusual market 
conditions. The Commission believes that the proposed change will 
provide the investing public and other market participants with 
additional opportunities to tailor their investment and hedging 
decisions, thus allowing investors to better manage their risk exposure 
with additional series.\15\
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    \13\ In approving this proposed rule change, the Commission 
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).
    \15\ In approving this proposal, the Commission notes that the 
Exchange has stated that, although the four additional days to list 
additional strike prices in the event of unusual market 
circumstances may generate additional quote traffic, the Exchange 
believes that any increased traffic will not become unmanageable 
since the proposal remains limited to the narrow situations when an 
unusual market event occurs. See Notice, supra note 3 at 58430.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\16\ that the proposed rule change (SR-NYSEMKT-2012-41) be, and it 
hereby is, approved.
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    \16\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30890 Filed 12-21-12; 8:45 am]
BILLING CODE 8011-01-P