[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62300-62302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25086]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68000; File No. SR-ISE-2012-81]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Adopt a Pilot Program To Eliminate Position and Exercise
Limits in SPY Options
October 5, 2012.
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 September 27, 2012, the International Securities Exchange, LLC (the
``Exchange'' or the ``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 eliminate position and
exercise limits for physically-settled options on the SPDR S&P ETF
Trust (``SPY'') pursuant to a pilot program. The text of the proposed
rule change is available on the Exchange's Web site 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
ISE proposes to amend Supplementary Material .01 to ISE Rule 412
and Supplementary Material .01 of ISE Rule 414 to eliminate position
and exercise limits, respectively, for physically-settled SPY options
pursuant to a pilot program. This filing is based on a filing
previously submitted by NYSE MKT LLC (f/k/a NYSE Amex, LLC (``NYSE
Amex'')), which the Commission recently approved.\3\
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\3\ See Securities Exchange Act Release No. 67672 (August 15,
2012), 77 FR 50750 (August 22, 2012) (SR-NYSEAmex-2012-29).
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The Exchange began trading SPY options on January 10, 2005. That
year, the position limit for these options was increased from 75,000
contracts to 300,000 contracts on the same side of the market.\4\ In
July 2011, the position limit for these options was again increased
from 300,000 contracts to the
[[Page 62301]]
current limit of 900,000 contracts on the same side of the market.\5\
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\4\ See Securities Exchange Act Release No. 51042 (January 14,
2005), 70 FR 3412 (January 24, 2005) (SR-ISE-2005-05).
\5\ See Securities Exchange Act Release No. 64760 (June 28,
2011), 76 FR 39143 (July 5, 2011) (SR-ISE-2011-34).
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The underlying SPY generally tracks the performance of the S&P 500
Index and the Exchange states that the SPY and SPY options have deep,
liquid markets that reduce concerns regarding manipulation and
disruption in the underlying markets. In support of this proposed rule
change, the Exchange has collected the following trading statistics for
SPY and SPY options: (1) The average daily volume (``ADV'') to date (as
of August 24, 2012) for SPY is 148 million shares; (2) the ADV to date
in 2012 for SPY options is 2.6 million; (3) the total shares
outstanding for SPY are 750.3 million; and (4) the fund market cap for
SPY is $106 billion. The Exchange represents further that there is
tremendous liquidity in the securities that make up the S&P 500 Index.
For example, the ADV of the component securities in the S&P 500 Index
for the 6-month period of February 28, 2012 through August 28, 2012 was
635,583,189.
Under the Exchange's proposal, the options reporting requirement
for SPY options would continue unabated. Thus, the Exchange would still
require that each Member that maintains a position in SPY options on
the same side of the market, for its own account or for the account of
a customer, report certain information to the Exchange. This
information would include, but would not be limited to, the option
position, whether such position is hedged and, if so, a description of
the hedge, and the collateral used to carry the position, if
applicable. Exchange market makers would continue to be exempt from
this reporting requirement, as market maker information can be accessed
through the Exchange's market surveillance systems. In addition, the
general reporting requirement for customer accounts that maintain an
aggregate position of 200 or more option contracts would remain at this
level for SPY options.\6\
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\6\ See ISE Rule 415(a).
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In addition, ISE Rule 4.15(b) [sic] provides:
Electronic Access Members that maintain an end of day position
in excess of 10,000 non-FLEX equity options contracts on the same
side of the market on behalf of its own account or for the account
of a customer, shall report whether such position is hedged and
provide documentation as to how such position is hedged. This report
is required at the time the subject account exceeds the 10,000
contract threshold and thereafter, for customer accounts, when the
position increases by 2,500 contracts and for proprietary accounts
when the position increases by 5,000 contracts.
As the anniversary of listed options trading approaches its
fortieth year, the Exchange believes that the existing surveillance
procedures and reporting requirements at ISE, other options exchanges,
and at the several clearing firms are capable of properly identifying
unusual and/or illegal trading activity. In addition, routine oversight
inspections of the Exchange's regulatory programs by the Commission
have not uncovered any material inconsistencies or shortcomings in the
manner in which the Exchange's market surveillance is conducted. These
procedures utilize daily monitoring of market movements via automated
surveillance techniques to identify unusual activity in both options
and underlying stocks.\7\
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\7\ These procedures have been effective for the surveillance of
SPY options trading and will continue to be employed.
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Furthermore, large stock holdings must be disclosed to the
Commission by way of Schedules 13D or 13G.\8\ Options positions are
part of any reportable positions and, thus, cannot be legally hidden.
Moreover, the Exchange's requirement that Members file reports with the
Exchange for any customer who held aggregate large long or short
positions of any single class for the previous day will continue to
serve as an important part of the Exchange's surveillance efforts.
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\8\ 17 CFR 240.13d-1.
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The Exchange believes that the current financial requirements
imposed by the Exchange and by the Commission adequately address
concerns that a Member or its customer may try to maintain an
inordinately large un-hedged position in an option, particularly on
SPY. Current margin and risk-based haircut methodologies serve to limit
the size of positions maintained by any one account by increasing the
margin and/or capital that a Member must maintain for a large position
held by itself or by its customer. In addition, the Commission's net
capital rule, Rule 15c3-1 \9\ under the Securities Exchange Act of 1934
(the ``Act''),\10\ imposes a capital charge on members to the extent of
any margin deficiency resulting from the higher margin requirement.
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\9\ 17 CFR 240.15c3-1.
\10\ 15 U.S.C. 78s(b)(1).
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Pilot Program
The Exchange proposes that this rule change be adopted pursuant to
a pilot program, set to expire December 5, 2013.\11\ The Exchange will
perform an analysis of the initial pilot program to eliminate position
limits in SPY after the first twelve (12) months of the pilot program
(the ``Pilot Report''). The Pilot Report will be submitted within
thirty (30) days of the end of such twelve (12) month time period. The
Pilot Report will detail the size and different types of strategies
employed with respect to positions established as a result of the
elimination of position limits in SPY. In addition, the report will
note whether any problems resulted due to the no limit approach and any
other information that may be useful in evaluating the effectiveness of
the pilot program. The Pilot Report will compare the impact of the
pilot program, if any, on the volumes of SPY options and the volatility
in the price of the underlying SPY shares, particularly at expiration.
In preparing the report the Exchange will utilize various data elements
such as volume and open interest. In addition the Exchange will make
available to Commission staff data elements relating to the
effectiveness of the pilot program.
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\11\ The Exchange will notify ISE Members of the establishment
of the pilot program and the running dates of the pilot program via
regulatory circular.
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Conditional on the findings in the Pilot Report, ISE will file with
the Commission a proposal to either extend the pilot program, adopt the
pilot program on a permanent basis, or terminate the pilot program. If
the pilot program is not extended or adopted on a permanent basis by
December 5, 2013, the position limits for SPY would revert to limits in
effect at the commencement of the pilot program.
The Exchange believes that the elimination of position and exercise
limits on SPY options on a pilot basis is required for competitive
purposes as well as for purposes of consistency and uniformity among
the competing options exchanges. This supports the Exchange's current
proposal to eliminate the position and exercise limits applicable to
physically-settled SPY options on a pilot basis.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the Securities Exchange Act of 1934 \12\ (the ``Act'') in general,
and furthers the objectives of Section 6(b)(5) of the Act \13\ 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
[[Page 62302]]
general to protect investors and the public interest.
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\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(5).
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Specifically, the proposed rule change will benefit large market
makers (which generally have the greatest potential and actual
liability [sic] to provide liquidity and depth I [sic] the product), as
well as retail traders, investors, and public customers, by providing
them with a more effective trading and hedging vehicle. In addition,
the Exchange believes that the structure of SPY options and the
considerable liquidity of the market for SPY options diminish the
opportunity to manipulate this product and disrupt the underlying
market that a lower position limit may protect against. The Exchange
also believes that the proposed rule change will benefit a greater
number of market participants who are ISE Members and members of other
exchanges. This is because SPY is a multiply listed options class and
currently there is not a uniform and consistent position and exercise
limits regime across all of the exchanges that list SPY options. The
proposed filing will benefit market participants because it will ensure
consistency and uniformity among the competing options exchanges as to
the position and exercise limits for a multiply listed options class.
B. Self-Regulatory Organization's Statement on Burden on Competition
ISE does not believe that this proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Exchange Act. In this regard and as
indicated above, the Exchange notes that the rule change is being
proposed as a competitive response to a NYSE Amex filing. ISE believes
this proposed rule change is necessary to permit fair competition among
the options exchanges and to establish uniform positions for a multiply
listed options class.
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 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 prior to
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 \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 17 CFR 240.19b-4(f)(6). 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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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \16\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \17\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay, noting that doing
so will ensure fair competition among options exchanges and immediately
benefit market participants who are ISE members and members of other
exchanges by ensuring consistency and uniformity across options
exchanges with respect to the multiply listed SPY options class. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\18\ Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposal operative as of October 5,
2012.
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\16\ 17 CFR 240.19b-4(f)(6).
\17\ 17 CFR 240.19b-4(f)(6).
\18\ 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.
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-2012-81 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-2012-81. 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-ISE-2012-81 and
should be submitted on or before November 2, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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\19\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25086 Filed 10-11-12; 8:45 am]
BILLING CODE 8011-01-P