[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56253-56256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22163]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70335; File No. SR-ISE-2013-47]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Relating to $0.50 and $1 Strike Price Intervals for Classes in 
the Short Term Option Series Program

September 6, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

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(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on August 28, 2013, 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 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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its rules to give the Exchange the 
ability to initiate strike prices in more granular intervals for Short 
Term Options (``STOs'') in the same manner as on other options 
exchanges.
    The text of the proposed rule change is available on the Exchange's 
Internet Web site at http://www.ise.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 
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 self-regulatory organization 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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Commission recently approved the Exchange's proposal regarding 
strike price intervals for certain STOs, permitting ISE to list $0.50 
strike price intervals for STOs for options classes that trade in one 
dollar increments and are in the Short Term Option Series Program 
(``STOS Program''),\3\ and simultaneously approved a NASDAQ OMX PHLX, 
LLC (``PHLX'') filing regarding $0.50 and $1 strike price intervals for 
certain STOs that used a different methodology than ISE for STO 
pricing.\4\ Subsequent to the approval of these two competing 
methodologies, the Chicago Board Options Exchange, Inc. (``CBOE''), 
PHLX, NYSE Arca, Inc. (``Arca''), NYSE MKT LLC (``MKT''), and MIAX 
Options Exchange (``MIAX'') filed immediately effective rule changes 
that integrated the two prior methodologies for establishing strike 
price intervals for STOs.\5\ In order to remain competitive, the 
Exchange is now proposing to adopt a consolidated methodology for STO 
strike price intervals as currently employed by these other options 
exchanges.
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    \3\ See Securities Exchange Act Release No. 67754 (August 29, 
2012), 77 FR 54629 (September 5, 2012) (SR-ISE-2012-33).
    \4\ See Securities Exchange Act Release No. 67753 (August 29, 
2012) 77 FR 54635 (September 5, 2012) (SR-Phlx-2012-78).
    \5\ See Securities Exchange Act Release Nos. 68074 (October 19, 
2012), 77 FR 65241 (October 25, 2012) (SR-CBOE-2012-92); 69633 (May 
23, 2013), 78 FR 32498 (May 30, 2013) (SR-Phlx-2013-55); 68194 
(November 8, 2012), 77 FR 68172 (November 15, 2012) (SR-NYSEArca-
2012-114); 68193 (November 8, 2012), 77 FR 68177 (November 15, 2012) 
(NYSEMKT-2012-53); 69809 (June 20, 2013), 78 FR 38416 (June 26, 
2013) (SR-MIAX-2013-30).
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    The STOS Program is codified in ISE Rules 504 and 2009. These rules 
state that after an option class has been approved for listing and 
trading on the Exchange, the Exchange may open for trading on any 
Thursday or Friday that is a business day, series of options on no more 
than thirty option classes that expire on each of the next five 
consecutive Fridays that are business days. In addition to the thirty 
option class limitation, there is also a limitation that no more than 
twenty series for each expiration date in those classes may be opened 
for trading.\6\ Furthermore, the strike price of each STO series has to 
be fixed with approximately the same number of strike prices being 
opened above and below the value of the underlying security at about 
the time that the STOs are initially opened for trading on the 
Exchange, and with strike prices being within thirty percent (30%) 
above or below the closing price of the underlying security from the 
preceding day. The Exchange does not propose any changes to the current 
program limitations. The Exchange only proposes to amend Supplementary 
Material .12 to ISE Rule 504 (Series of Options Contracts Open for 
Trading) and Supplementary Material .05 to ISE Rule 2009 (Terms of 
Index Options Contracts) to specify that the strike price interval for 
STOs may be $0.50 or greater where the strike price is less than $75, 
and $1 or greater where the strike price is between $75 and $150. Like 
the other options exchanges, ISE rules will also continue to permit 
strike price intervals of $0.50 for option classes that trade in one 
dollar increments and are in the STOS Program.
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    \6\ However, if the Exchange opens less than twenty (20) short 
term options for a Short Term Option Expiration Date, additional 
series may be opened for trading on the Exchange when the Exchange 
deems it necessary to maintain an orderly market, to meet customer 
demand or when the market price of the underlying security moves 
substantially from the exercise price or prices of the series 
already opened. Any additional strike prices listed by the Exchange 
shall be within thirty percent (30%) above or below the current 
price of the underlying security. The Exchange may also open 
additional strike prices of STO series that are more than 30% above 
or below the current price of the underlying security provided that 
demonstrated customer interest exists for such series, as expressed 
by institutional, corporate or individual customers or their brokers 
(market-makers trading for their own account shall not be considered 
when determining customer interest under this provision). 
Supplementary Material .02(d) to Rule 504 and Supplementary Material 
.01(d) to Rule 2009.
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    The Exchange notes that while it believes that there is substantial 
overlap between the two strike price interval setting parameters, the 
Exchange believes there are gaps that would enable one of the options 
exchanges listed above to initiate a series that ISE would not be able 
to initiate.\7\ Since strict inter-exchange rule uniformity is not 
required for the STOS Programs that have been adopted by the various 
options exchanges, the Exchange proposes to revise its strike price 
intervals setting parameters so that it has the ability to initiate 
strike prices in the same manner (i.e., intervals) as CBOE, PHLX, Arca, 
MKT, and MIAX. Accordingly, the Exchange proposes to adopt rule text 
language substantially similar in all material respects to that adopted 
by the other exchanges, and in this way consolidate the two different 
approaches regarding strike price intervals for STOs.
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    \7\ The Exchange is making a distinction between initiating 
series and cloning series. The Exchange and the majority, if not 
all, of the other options exchanges that have adopted a STOS Program 
have a rule similar to the Exchange's that permits the listing of 
series that are opened by other exchanges. See Supplementary 
Material .02 to Rule 504 and Supplementary Material .01 to Rule 
2009. This filing is concerned with the ability to initiate series. 
If a class is selected to participate in the STOS Program but does 
not trade in dollar increments, the Exchange would not be permitted 
to initiate $0.50 strikes on that class even though other options 
exchanges may be permitted to do so based on the strike price.
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    The principal reason for the proposed expansion is in response to 
market and customer demand to list actively traded products in more 
granular strike price intervals, and to provide Exchange members and 
their customers increased trading opportunities in the STOS Program, 
which is one of the most popular and quickly-expanding options

[[Page 56255]]

expiration programs. The Exchange has observed increased demand for STO 
classes and/or series, particularly when market moving events such as 
significant market volatility, corporate events, or large market, 
sector, or individual issue price swings have occurred. There are 
substantial benefits to market participants in the ability to trade 
eligible option classes at more granular strike price intervals. The 
Exchange notes that the STOS Program has been well-received by market 
participants, in particular by retail investors. The Exchange believes 
that the current proposed revisions to the STOS Program will permit the 
Exchange to meet increased customer demand for more granular strike 
prices.
    With regard to the impact of this proposal on system capacity, the 
Exchange has analyzed its capacity and represents that it and the 
Options Price Reporting Authority (``OPRA'') have the necessary systems 
capacity to handle any potential additional traffic associated with 
this current amendment to the STOS Program. The Exchange believes that 
its members will not have a capacity issue as a result of this 
proposal. The Exchange represents that it will monitor the trading 
volume associated with the additional options series listed as a result 
of this proposal and the effect (if any) of these additional series on 
market fragmentation and on the capacity of the Exchange's automated 
systems.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder, including the 
requirements of Section 6(b) of the Act.\8\ In particular, the Exchange 
believes the proposed rule change is consistent with the Section 
6(b)(5) \9\ requirements that the rules of an exchange be designed to 
promote just and equitable principles of trade, to prevent fraudulent 
and manipulative acts, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, to remove 
impediments to and to perfect the mechanism for a free and open market 
and a national market system, and, in general, to protect investors and 
the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that giving it the ability to initiate strike 
prices in $0.50 and $1 intervals for STO options, as provided for in 
the proposed rule text, is reasonable because it will benefit investors 
by providing them with the flexibility to more closely tailor their 
investment and hedging decisions. While the proposed rule change may 
generate additional quote traffic, the Exchange does not believe that 
any increased traffic will become unmanageable since the proposal 
remains limited to a fixed number of classes. The Exchange also 
believes that the proposed rule change will ensure competition because 
it will allow the Exchange to initiate series in the same strike 
intervals as other options exchanges, including CBOE, PHLX, Arca, MKT, 
and MIAX.

B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Exchange Act. To the contrary, the Exchange believes the proposal 
is pro-competitive. In this regard and as indicated above, the Exchange 
notes that the rule change is being proposed as a competitive response 
to immediately effective filings recently submitted by CBOE, PHLX, 
Arca, MKT, and MIAX.[sic] ISE believes this proposed rule change is 
necessary to permit fair competition among the options exchanges with 
respect to STOS Programs.

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 unsolicited 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 significantly 
affect the protection of investors or the public interest, does not 
impose any significant burden on competition, and, by its terms, does 
not 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 \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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 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 requested that the Commission waive the 30-day 
operative delay. The Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest in that it will allow ISE to offer additional STO 
products to traders and investors in the same manner as other 
exchanges.\12\ In sum, the proposed rule change presents no novel 
issues, and waiver will allow the Exchange to remain competitive with 
other exchanges. Therefore, the Commission designates the proposal 
operative upon filing.\13\
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    \12\ See supra, note 5.
    \13\ 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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(2)(B).
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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-ISE-2013-47 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-ISE-2013-47. 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

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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 10:00 a.m. and 3:00 p.m. Copies of 
the 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-ISE-2013-47 and should be submitted on or before October 
3, 2013.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-22163 Filed 9-11-13; 8:45 am]
BILLING CODE 8011-01-P