[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34420-34421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13522]



[[Page 34420]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69683; File No. SR-Phlx-2013-57]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating to 
Correction of Typographical Errors in Respect of the Treasury 
Securities Options

June 3, 2013.
    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 May 20, 2013, 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 the 
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to correct a 
typographical error in the title of the Rule 1000D Series of Rules 
(Rules Applicable to the Trading of Options on Treasury Securities) and 
a typographical error in Rule 1004D (Reports Related to Position Limits 
and Liquidation of Positions--Treasury Securities Options).
    The Exchange requests that the Commission waive the 30-day 
operative delay period contained in Exchange Act Rule 19b-4(f)(6)(iii).
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and the 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to correct a typographical error in 
the title of the Rule 1000D Series and in Rule 1004D, and thereby 
clarify and conform Exchange rules pertaining to listing options on 
Treasury securities (``Treasury securities options'').
    As of October 2012, Treasury security options are listed, pursuant 
to the Rule 1000D Series, on Treasury bonds or notes.\3\ These are 
Treasury securities that are a direct obligation of, or an obligation 
guaranteed as to principal or interest by, the United States or a 
corporation in which the United States has a direct or indirect 
interest (except debt securities guaranteed as to timely payment of 
principal and interest by the Government National Mortgage 
Association.\4\ Currently, Exchange approval of Treasury securities 
underlying options extends to the settled on-the-run Treasury 
securities.\5\ This filing does not make any changes to the listing and 
trading rules for Treasury securities options per the Rule 1000D 
Series, other than the correction of two non-substantive typographical 
errors.
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    \3\ See Securities Exchange Act Release No. 67976 (October 4, 
2012), 77 FR 61794 (October 11, 2012) (SR-Phlx-2012-105) (order 
approving listing and trading Treasury securities options on Phlx) 
(the ``Treasury securities options filing''). Notes have a term to 
maturity of at least two years but no more than ten years at the 
time of original issuance, and bonds are interest-bearing debt 
instruments issued by the U.S. Treasury that have a term to maturity 
of more than ten years at the time of original issuance. Subsections 
(a)(2) and (a)(3), respectively, of Rule 1001D.
    \4\ Rule 1001D(a)(1). Subsection (a)(1) indicates that 
securities issued or guaranteed by individual departments or 
agencies of the United States are sometimes referred to by the title 
of the department or agency involved (e.g. a ``Treasury security'' 
is a debt instrument that is issued by the U.S. Treasury).
    \5\ On-the-run (as opposed to off-the-run) Treasury securities 
are the most recently issued U.S. Treasury bonds or notes.
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    First, in the name of the Rule 1000D Series, Rules Applicable to 
Trading of Options on Treasury Securities (Rules 1000D-1026D) (``the 
initial rule name''), the Exchange is changing the final rule number 
from 1026D to 1025D. This is done to clarify and conform the number in 
the initial rule name to the actual last rule number in the Rule 1000D 
Series, which is Rule 1025D, as well as with the rule filing initially 
adopting these requirements, which reflects Rule 1025D as the last rule 
in the Rule 1000D Series.\6\
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    \6\ See, e.g., Securities Exchange Act Release No. 67683 (August 
17, 2012), 77 FR 51088 at 51088 (``. . . to implement Exchange Rules 
1000D through 1025D . . .'') and at 51095 (``Proposed rule 1025D 
sets up guidelines . . .'') (August 23, 2012) (SR-Phlx-2012-105) 
(notice of Treasury securities options filing).
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    Second, in Rule 1004D, the Exchange is changing the number from $20 
million principal amount to $2 million principal amount. This is done 
to clarify and conform the principal amount in Rule 1004D with the rule 
filing initially adopting these requirements, which reflects $2 million 
principal amount.\7\
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    \7\ See, e.g., Securities Exchange Act Release No. 67683 (August 
17, 2012), 77 FR 51088 at 51095 (``. . . positions of options 
covering $2 million . . .'') (August 23, 2012) (SR-Phlx-2012-105) 
(notice of Treasury securities options filing).
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    The intent was, and is, to reflect the last rule number and the 
principal amount as proposed herein.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \8\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \9\ 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, 
by correcting two non-substantive typographical errors in the Rule 
1000D Series, thereby clarifying the Treasury securities options rules 
and eliminating the potential for confusion. The Exchange believes that 
the adoption of clear language with respect to the meaning, 
administration, and enforcement of the Rule 1000D Series will promote 
members' understanding of the parameters of the rules in respect of 
Treasury Securities options and the efficiency of their administration.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Phlx 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. The Exchange believes that while rule clarity 
is generally pro-competitive, the act of clarifying and conforming two 
non-substantive typographical errors should have little, if any, impact 
on competition.

[[Page 34421]]

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

    The Exchange believes that the foregoing proposed rule change may 
take effect upon filing with the Commission pursuant to Section 
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)(iii) thereunder \11\ 
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.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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 Exchange has satisfied this requirement.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiver of the operative delay is 
consistent with the protection of investors and the public interest 
because this rule change is not proposing any substantive changes and 
is merely correcting inaccuracies in the Exchange's rules. This should 
eliminate member confusion and provide clarity on how the rules apply. 
Therefore, the Commission designates the proposal operative upon 
filing.\12\
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    \12\ 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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 email to [email protected]. Please include 
File Number SR-Phlx-2013-57 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-2013-57. This file 
number should be included on the subject line if email 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 
St. NE., Washington, DC 20549, on official business days between the 
hours of 10:00 a.m. and 3:00 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 Number SR-
Phlx-2013-57, and should be submitted on or before June 28, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13522 Filed 6-6-13; 8:45 am]
BILLING CODE 8011-01-P