[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77152-77154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31411]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68518; File No. SR-BX-2012-076]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Extension of the Exchange's Penny Pilot Program
December 21, 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 December 20, 2012, NASDAQ OMX BX, Inc. (``Exchange'' or ``BX'')
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 Substance
of the Proposed Rule Change
BX is filing with the Commission a proposal to: extend through June
30, 2013, the Penny Pilot Program in options classes in certain issues
(``Penny Pilot'' or ``Pilot'') and provide a procedure for replacement
of any Penny Pilot issues that have been delisted.\3\
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\3\ The Penny Pilot was established in June 2012 and extended in
July 2012. See Securities Exchange Act Release Nos. 67256 (June 26,
2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030) (order approving
BX option rules and establishing Penny Pilot); and 67342 (July 3,
2012), 77 FR 40666 (July 10, 2012) (SR-BX-2012-046) (notice of
filing and immediate effectiveness extending the Penny Pilot through
December 31, 2012).
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The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-4(f)(6)(iii)
\4\ to the extent needed for timely industry-wide implementation of the
proposal.
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\4\ 17 CFR 240.19b-4(f)(6)(iii).
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Proposed new language is italicized and proposed deleted language
is [bracketed].\5\
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\5\ The text of the proposed rule change is available at http://nasdaqomxbx.cchwallstreet.com/, at BX's principal office, and at the
Commission's Public Reference Room.
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NASDAQ OMX BX Rules
Options Rules
* * * * *
Chapter VI Trading Systems
* * * * *
Sec. 5 Minimum Increments
(a) The Board may establish minimum quoting increments for options
contracts traded on BX Options. Such minimum increments established by
the Board will be designated as a stated policy, practice, or
interpretation with respect to the administration of this Section
within the meaning of Section 19 of the Exchange Act and will be filed
with the SEC as a rule change for effectiveness upon filing. Until such
time as the Board makes a change in the increments, the following
principles shall apply:
(1) If the options series is trading at less than $3.00, five (5)
cents;
(2) If the options series is trading at $3.00 or higher, ten (10)
cents; and
[[Page 77153]]
(3) For a pilot period scheduled to expire on [December 31,
2012]June 30, 2013, if the options series is trading pursuant to the
Penny Pilot program one (1) cent if the options series is trading at
less than $3.00, five (5) cents if the options series is trading at
$3.00 or higher, unless for QQQQs, SPY and IWM where the minimum
quoting increment will be one cent for all series regardless of price.
A list of such options shall be communicated to membership via an
Options Trader Alert (``OTA'') posted on the Exchange's web site.
The Exchange may replace any pilot issues that have been delisted
with the next most actively traded multiply listed options classes that
are not yet included in the pilot, based on trading activity for the
six month period beginning June 1, 2012, and ending November 30, 2012.
The replacement issues may be added to the pilot on the second trading
day following January 1, 2013.
(b) No Change.
* * * * *
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 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 amend Chapter VI, Section 5 to:
extend the Penny Pilot through June 30, 2013, and add a procedure for
replacing any Penny Pilot issues that have been delisted.
Under the Penny Pilot, the minimum price variation for all
participating options classes, except for the Nasdaq-100 Index Tracking
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all
quotations in options series that are quoted at less than $3 per
contract and $0.05 for all quotations in options series that are quoted
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01
increments for all options series. The Penny Pilot is currently
scheduled to expire on December 31, 2012.
The Exchange proposes to extend the time period of the Penny Pilot
through June 30, 2013, and to provide a procedure for adding classes
that have been delisted from the Penny Pilot. The Exchange proposes
that any Penny Pilot Program issues that have been delisted may be
replaced on the second trading day following January 1, 2013.\6\ The
replacement issues will be selected based on trading activity for the
six month period beginning June 1, 2012, and ending November 30,
2012.\7\
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\6\ The Exchange is making a conforming change in Chapter VI,
Section 5 to add language regarding delisted issues that was not
inserted when the Penny Pilot was instituted on the Exchange earlier
this year. As a result, the Exchange will have exactly the same
language as used in the Penny Pilot Programs of NASDAQ Options
Market (``NOM'') and NASDAQ OMX PHLX LLC (``Phlx''), see NOM Chapter
VI, Section 5 and Phlx Rule 1034; and will have a penny pilot
delisted issues replacement procedure that is available on all other
options exchanges.
\7\ The replacement issues will be announced to the Exchange's
membership via an Options Trader Alert (OTA) posted on the
Exchange's Web site.
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All classes currently participating in the Penny Pilot will remain
the same and all minimum increments will remain unchanged. The Exchange
believes the benefits to public customers and other market participants
who will be able to express their true prices to buy and sell options
have been demonstrated to outweigh the potential increase in quote
traffic.
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 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, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. In particular, the proposed rule
change, which extends the Penny Pilot for an additional six months
through June 30, 2013, and provides a procedure for adding classes that
have been delisted from the Penny Pilot will enable public customers
and other market participants to express their true prices to buy and
sell options for the benefit of all market participants.
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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
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, this
proposal is pro-competitive because it allows Penny Pilot issues to be
traded on the Exchange.
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 has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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 if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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\10\ 15 U.S.C. 78s(b)(3)(A)(iii).
\11\ 17 CFR 240.19b-4(f)(6).
\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6)(iii).
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A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\14\
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may
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 so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot
[[Page 77154]]
Program to continue without interruption in a manner that is consistent
with the Commission's prior approval of the extension and expansion of
the Pilot Program and will allow the Exchange and the Commission
additional time to analyze the impact of the Pilot Program.\16\
Accordingly, the Commission designates the proposed rule change as
operative upon filing with the Commission.\17\
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\14\ 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 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. The
Exchange has satisfied this pre-filing requirement.
\15\ 17 CFR 240.19b-4(f)(6)(iii).
\16\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also See 15 U.S.C. 78c(f).
\17\ For purposes only of waiving the operative delay for this
proposal, 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-BX-2012-076 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-BX-2012-076. 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-BX-2012-076 and should be
submitted on or before January 22, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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\18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31411 Filed 12-28-12; 8:45 am]
BILLING CODE 8011-01-P