[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53803-53805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21526]



[[Page 53803]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72992; File No. SR-BOX-2014-20]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing of Proposed Rule Change To Amend Interpretative Material to 
Rule 5050 (Series of Options Contracts Open for Trading) To Allow $1 or 
Greater Strike Price Intervals for Options on the SPDR[supreg] S&P 
500[supreg] Exchange Traded Fund (``SPY'') and the SPDR[supreg] Dow 
Jones[supreg] Industrial Average Exchange Traded Fund (``DIA'')

September 4, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on September 3, 2014, BOX Options Exchange LLC (the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 interpretative material to Rule 5050 
(Series of Options Contracts Open for Trading) to allow $1 or greater 
strike price intervals for options on the SPDR[supreg] S&P 500[supreg] 
Exchange Traded Fund (``SPY'') and the SPDR[supreg] Dow Jones[supreg] 
Industrial Average Exchange Traded Fund (``DIA''). The text of the 
proposed rule change is available from the principal office of the 
Exchange, at the Commission's Public Reference Room and also on the 
Exchange's Internet Web site at http://boxexchange.com.

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 self-regulatory organization 
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 Exchange proposes to amend interpretive material to Rule 5050 
by modifying the interval setting regime for SPY and DIA options listed 
on the SPDR S&P 500 Exchange Traded Fund (``ETF'') and the SPDR Dow 
Jones Industrial Average ETF, respectively, to allow $1 or greater 
strike price intervals.\4\ Through this filing, the Exchange intends to 
make SPY and DIA options more tailored and easier for investors and 
traders to use. This is a competitive filing that is based on a 
proposal recently submitted by NASDAQ OMX PHLX LLC (``Phlx'').\5\
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    \4\ The SPDR S&P 500 ETF is based on the broad-based S&P 500 
Index, and the SPDR Dow Jones Industrial Average ETF is based on the 
Dow Jones Industrial Average.
    \5\ See Securities Exchange Act Release No. 72949 (August 29, 
2014) (SR-Phlx-2014-46) (Order Granting Approval of Proposed Rule 
Change, as Modified by Amendment No. 1, Relating to SPY and DIA 
Options).
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    Under current Rule IM-5050-1, the interval of strike prices of 
series of options on ETFs is $1 or greater where the strike price is 
200 or less and $5 or greater where the strike price is more than 
200.\6\ The Proposal seeks to narrow those strike intervals to $1 apart 
for SPY and DIA options, in effect matching the interval for these 
products to ETF option strike prices at or below 200.
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    \6\ See IM-5050-1(b).
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    The underlying prices for SPY and DIA are approaching the 200 price 
point. By the end of June 2014, for example, SPY was trading at more 
than $195 per share and DIA was trading at more than $168 per share. As 
the option strike prices continue to appreciate, investor and member 
demands to list additional SPY and DIA option series continue to 
increase. SPY is the most heavily traded and liquid exchange-traded 
product in the U.S., and SPY options represent 13% of the total option 
volume in the U.S. DIA options represent less than 1% of the options 
volume in the U.S. Moreover, the popularity of DIA and SPY options is 
reflected in the fact that they have options contracts reflecting 
monthly, quarterly, and weekly expiration cycles.\7\ Not having the 
proposed $1 intervals above a 200 strike price will significantly limit 
investors' hedging and trading possibilities, particularly when it 
comes to executing strategies that are effective in $1 intervals; and 
may, as a result, constrict trading and hedging activity. The Exchange 
therefore proposes to amend IM-5050-1 to allow SPY and DIA options to 
trade in $1 increments.
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    \7\ For rules regarding quarterly options and weekly options 
(also known as Short Term Options, see IM-5050-4 and IM-5050-6.
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    Specifically, the Exchange proposes to amend IM-5050-1(b) to state 
that notwithstanding any other provision regarding the interval of 
strike prices of series of options on ETFs in Rule 5050, the interval 
of strike prices on SPY and DIA options will be $1 or greater. By 
having smaller strike intervals in SPY and DIA, investors will have 
more efficient hedging and trading opportunities due to the higher $1 
interval ascension. The proposed $1 intervals, particularly above a 200 
strike price, will result in having at-the-money series based upon the 
underlying SPY or DIA moving less than 1%, which falls in line with 
slower price movements of a broad-based index. Furthermore, the 
proposed $1 intervals will allow currently employed option trading 
strategies (such as, for example, risk reduction/hedging strategies 
using SPY weekly options) to remain in play. Considering that $1 
intervals already exist below the 200 price point and that SPY and DIA 
are approaching the 200 level, continuing to maintain the artificial 
200 level (above which intervals increase 500%, to $5), will have a 
negative effect on investing, trading and hedging opportunities and 
volume. The continued demand for highly liquid options such as SPY and 
DIA, and the investing, trading, and hedging opportunities they 
represent, far outweighs any potential negative impact of allowing SPY 
and DIA options to trade in more finely tailored intervals above a 200 
price point.
    With the proposal, for example, investors and traders would be able 
to roll open positions from a lower strike to a higher strike in 
conjunction with the price movement of the underlying. Under the 
current rule, where the next higher available series would be $5 away 
above a 200 strike price, the ability to roll such positions is 
effectively negated. Thus, to move a position from a 200 strike to a 
205 strike under the current rule, an investor would need for the 
underlying product to move 2.5%, and would not be able to execute a 
roll up until such a large movement occurred. With the proposed rule 
change, however, the investor would be in a significantly safer 
position of being able to roll his open options position from a 200 to 
a 201

[[Page 53804]]

strike price, which is only a 0.5% move for the underlying.
    By allowing SPY and DIA options in $1 intervals over a 200 strike 
price, the proposal will moderately augment the total number of options 
series available on the Exchange. However, 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 proposed rule change. 
The Exchange believes that its members will not have a capacity issue 
as a result of this proposal. The Exchange also represents that it does 
not believe this expansion will cause fragmentation of liquidity. The 
Exchange's beliefs are supported by the limited nature of the proposal, 
which applies to two symbols rather than to all ETF products. Moreover, 
while under the current rule-set there is ample liquidity, it is 
constricted above 200. This proposal only enhances liquidity at more 
rational strike intervals necessary to benefit investors as the stock 
market improves in value.
    The Exchange believes that the proposed rule change, like the other 
strike price programs currently offered by the Exchange, will benefit 
investors by giving them more flexibility to more closely tailor their 
investment and hedging decisions by allowing SPY and DIA options to 
trade in finer $1 intervals.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Securities Exchange Act of 1934 
(the ``Act''),\8\ in general, and Section 6(b)(5) of the Act,\9\ in 
particular, in that it is designed to prevent fraudulent and 
manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change would add consistency to 
the SPY and DIA options markets and allow investors to use SPY and DIA 
options more easily and effectively. Moreover, the proposed rule change 
would allow investors and traders, whether big or small, to better 
trade and hedge positions in SPY and DIA options where the strike price 
is greater than 200, and ensure that SPY and DIA options investors and 
traders are not at a disadvantage simply because of the strike price.
    The Exchange also believes the proposed rule change is consistent 
with Section 6(b)(1) of the Act,\10\ which provides that the Exchange 
be organized and have the capacity to be able to carry out the purposes 
of the Act and the rules and regulations thereunder, and the rules of 
the Exchange. The rule change proposal allows the Exchange to respond 
to customer demand to allow SPY and DIA options to trade in $1 
intervals above a 200 strike price. The Exchange does not believe that 
the proposed rule would create additional capacity issues or affect 
market functionality.
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    \10\ 15 U.S.C. 78f(b)(1).
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    As noted above, ETF options trade in wider $5 intervals above a 200 
strike price, whereby options at or below a 200 strike price trade in 
$1 intervals. This creates a situation where contracts on the same 
option class, namely SPY and DIA options, effectively may not be able 
to execute certain strategies such as, for example, rolling to a higher 
strike price, simply because of the arbitrary 200 strike price above 
which options intervals increase by 500%. This proposal remedies the 
situation by establishing an exception to the current ETF interval 
regime, for SPY and DIA options only, to allow such options to trade in 
$1 or greater intervals at all strike prices.
    The Exchange believes that the proposed rule change, like other 
strike price programs currently offered by the Exchange, will benefit 
investors by giving them increased flexibility to more closely tailor 
their investment and hedging decisions. Moreover, the proposed rule 
change is consistent with changes proposed by at least one other 
exchange.\11\
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    \11\ See, e.g., Securities Exchange Act Release No. 72482 (June 
26, 2014), 79 FR 37825 (July 2, 2014) (SR-CBOE-2014-051) (notice of 
filing and immediate effectiveness modifying the strike price regime 
for Mini-S&P 500 Index (XSP) options).
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    With regard to the impact of this proposal on system capacity, the 
Exchange has analyzed its capacity and represents that it and OPRA have 
the necessary systems capacity to handle any potential additional 
traffic associated with this proposed rule change. The Exchange 
believes that its members will not have a capacity issue as a result of 
this proposal.

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

    The Exchange 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. In this regard and as indicated 
above, the Exchange notes that the rule change is being proposed as a 
competitive response to a filing submitted by Phlx.\12\ The Exchange 
believes that the proposed rule change is necessary to permit fair 
competition among the options exchange with respect to strike intervals 
for SPY and DIA options. The Exchange believes that the proposed rule 
change will result in additional investment options and opportunities 
to achieve the investment and trading objectives of market participants 
seeking efficient trading and hedging vehicles, to the benefit of 
investors, market participants, and the marketplace in general. 
Specifically, the Exchange believes that SPY and DIA option investors 
and traders will significantly benefit from the availability of finer 
strike price intervals above a 200 price point.
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    \12\ See supra note 5.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the 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, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the 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.
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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 Exchange stated that waiver of this requirement will ensure 
fair

[[Page 53805]]

competition among the exchanges by allowing the Exchange to establish 
smaller strike intervals in SPY and DIA options with a strike price 
above 200 at the same time as another options exchange. For these 
reasons, the Commission believes that the proposed rule change presents 
no novel issues and that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest; 
and will allow the Exchange to remain competitive with other exchanges. 
Therefore, the Commission designates the proposed rule change to be 
operative upon filing.\15\
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    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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 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-BOX-2014-20 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2014-20. 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 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-BOX-2014-20 and should be 
submitted on or before October 1, 2014.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-21526 Filed 9-9-14; 8:45 am]
BILLING CODE 8011-01-P