[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68497-68499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27207]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70834; File No. SR-ISE-2013-55]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Exchange Trading Days and Hours of Business and
Trading Halts
November 7, 2013.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on October 31, 2013, 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, II, and III 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 clarify Rule 700,
``Days and Hours of Business,'' and Rule 702, ``Trading Halts.''
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
[[Page 68498]]
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 is proposing to amend its rules to clarify when it
will be open for trading along with when trading halts on underlying
securities will inhibit trading on the Exchange. The Exchange is
submitting this proposed rule change as a competitive response to a
recently approved rule filing submitted by the Chicago Board Options
Exchange (``CBOE'').\3\ Specifically, the Exchange is proposing to
amend its rules to clarify that it will not be solely dependent upon
the ``primary market'' when determining when to open and/or halt
securities. Instead, the Exchange is proposing to clarify in its rules
that it will be open if there is ample liquidity in the underlying
market for the security. Generally, the national equity exchanges have
similar core business hours.\4\ With this proposal, the Exchange is
attempting to clarify in its rules that it can remain open to trade
options during such business hours even if the ``primary market'' of
the underlying securities is not open for business. The Exchange
believes that the proposed changes will allow the markets to continue
to function in an instance where all exchanges may not be halted. In
addition, the Exchange believes the proposed changes will bring greater
clarity to its Members regarding when the Exchange will be open for
trading.
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\3\ See Securities Exchange Act Release No. 69558 (May 10,
2013), 78 FR 28911 (May 16, 2013) (SR-CBOE-2013-035).
\4\ See, e.g., New York Stock Exchange Rule 51(a) and BATS
Exchange Rule 1.5(w) which describes regular trading hours as 9:30
a.m. through 4:00 p.m. Eastern.
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Currently, Exchange Rule 700 provides that no Member shall make any
bid, offer, or transaction on the Exchange before or after business
hours.\5\ As an administrative cleanup change, the Exchange is
proposing to eliminate this language as it is no longer relevant.
Executions may only happen during business hours, however, Members have
the ability to submit information in the Exchange's electronic trading
system outside of business hours. The Exchange believes deleting this
language would bring greater clarity to Exchange rules while updating
the rule text to the current trading environment.
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\5\ See Exchange Rule 700.
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Next, the Exchange is proposing to add language to Rule 700(a) to
specify that the Exchange will not solely rely on the ``primary
market'' of an underlying security to determine whether the Exchange
may trade the option for such security. The Exchange believes that the
proposed rule change will specify that if there is an ample market in
the underlying security, the Exchange has the authority to trade the
option even if the primary market is not open. The Exchange believes
that allowing such discretion will create a lesser market disruption if
the primary exchange is unable to open for trading.
Further, Rule 702 specifies when the Exchange will halt trading.\6\
Specifically, Rule 702(a)(1) lists factors that may be considered in
making that determination. Currently, Rule 702(a)(1)(i) lists, as a
factor in the decision with respect to options, ``trading in the
underlying security has been halted or suspended in the primary
market.'' The Exchange is proposing to add language to state, instead
of the ``primary market,'' that the Exchange may factor in if ``trading
in the underlying security has been halted or suspended in one or more
of the markets trading the underlying security.'' The Exchange is
proposing to make similar changes in Rule 702(a)(2)(iv) which lists
factors in making the determination in an Equity Security (as defined
in ISE Rule 2100). The Exchange believes the proposed changes will
grant discretion for the Exchange to be open for trading when there is
a robust market in the underlying security rather than limit it to only
when the ``primary market'' is open.
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\6\ See Exchange Rule 702. The Exchange is not proposing any
change to Rule 702(c), Trading Pauses, because a trading halt with
respect to options is mandatory and not subject to discretion
whenever trading in the security underlying the option contract has
been paused by the primary listing market.
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Next, the Exchange is proposing to amend Rule 702(a)(3) so that a
designated Exchange official may halt trading in an option not only if
the ``primary market'' of the security has halted trading but if the
security has been halted in ``one or more of the markets trading the
underlying security.'' Under the current rule, the designated Exchange
official almost certainly must halt trading whenever there is a halt of
trading in the underlying security. The Exchange believes this proposed
change will provide the designated Exchange official the discretion and
the authority to halt trading in an option if the primary market for an
underlying security is not open for business however that security is
being traded elsewhere. For example, if the primary market is unable to
open due to a natural disaster, or other circumstance, but other stock
exchanges are trading the underlying security, the proposed change will
allow the Exchange to continue trading the overlaying options.
The Exchange believes the proposed changes will allow the Exchange
to trade options for underlying stocks even if that underlying listing
market shall be unable to trade due to an emergency or other
circumstance unique to that stock exchange. Making these proposed
changes will allow the Exchange to trade options when an underlying
security is trading on any national securities exchange regardless of
where that security is formally listed. The proposed discretion
attempts to create a lessor [sic] market disruption if a listing or
primary market is unable to trade due to some circumstance. Because of
the connectivity of the national securities exchanges today, the
Exchange believes limiting its ability to trade options to when the
primary market of the underlying security is open might hurt investors
if some circumstance should render the primary exchange inoperable. In
addition, the Exchange believes that the reference to ``primary
market'' is ambiguous and has the potential to cause confusion. Thus,
the Exchange believes by further clarifying the language, it is clearer
when the Exchange will be open for trading.
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder, including the requirements of Section 6(b) of
the Act.\7\ In particular, the Exchange believes the proposed rule
change is consistent with the Section 6(b)(5) \8\ 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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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
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The Exchange believes the proposed rule change protects investors
by allowing trading in options as long as
[[Page 68499]]
the underlying security is trading on another exchange. Instead of only
relying on the ``primary market,'' the proposed rule change attempts to
clarify when options will trade on the Exchange to allow greater
continuity in the marketplace. By allowing the Exchange to trade
options whenever the underlying securities are trading, the proposed
rule change seeks to create less of a disconnect if the ``primary''
market should be experiencing technical difficulties, an emergency, or
other situation that may inhibit it to be connected to the marketplace.
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 Act. The Exchange does not believe the proposed rule change imposes
any burden on intramarket competition because it will apply to all
Members [sic]. In addition, the Exchange does not believe the proposed
rule change will impose any burden on intermarket competition as it
will merely give the Exchange discretion to trade options when there is
an ample market for the underlying security of those options. Thus, the
Exchange believes the proposed rule change will promote competition by
giving the Exchange the ability to trade options when the underlying
security is trading anywhere, and, thus, helping the Exchange to better
participate in the marketplace. Additionally, as noted above, the
proposed rule change is a competitive response to a recently approved
rule filing submitted by the CBOE.\9\ ISE believes this proposed rule
change is necessary to permit fair competition among the options
exchanges.
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\9\ See supra note 3.
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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 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
The Exchange believes that the foregoing proposed rule change may
take effect upon filing with the Commission pursuant to
Section19(b)(3)(A) \10\ of the Act and Rule 19b-4(f)(6) 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 after its filing date, 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).
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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-ISE-2013-55 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-2013-55. 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-2013-55 and should be
submitted on or before December 5, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-27207 Filed 11-13-13; 8:45 am]
BILLING CODE 8011-01-P