81_FR_45480 81 FR 45346 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing of Proposed Rule Change To Expand the Short Term Option Series Program To Allow Wednesday Expirations for SPY Options

81 FR 45346 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing of Proposed Rule Change To Expand the Short Term Option Series Program To Allow Wednesday Expirations for SPY Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 134 (July 13, 2016)

Page Range45346-45348
FR Document2016-16484

Federal Register, Volume 81 Issue 134 (Wednesday, July 13, 2016)
[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Notices]
[Pages 45346-45348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16484]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78243; File No. SR-BOX-2016-28]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing of Proposed Rule Change To Expand the Short Term Option 
Series Program To Allow Wednesday Expirations for SPY Options

July 7, 2016.
    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 June 30, 2016, BOX Options Exchange LLC (the ``Exchange'') 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 self-regulatory organization. The 
Commission is publishing this notice to solicit comments on the 
proposed rule 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 IM-5050-6 to Rule 5050 to allow the 
listing and trading of options with Wednesday expirations. 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 expand the Short Term Option Series 
Program outlined in IM-5050-6 to Rule 5050 to allow the listing and 
trading of options with Wednesday expirations.
    Currently, under the Short Term Option Series Program, which was 
initiated in 2010,\3\ the Exchange may open for trading on any Thursday 
or Friday that is a business day series of options on that class that 
expire on each of the next five Fridays, provided that such Friday is 
not a Friday in which monthly options series or Quarterly Options 
Series expire (``Short Term Option Series''). The Exchange is now 
proposing to amend its rule to permit the listing of options expiring 
on Wednesdays. Specifically, BOX is proposing that it may open for 
trading on any Tuesday or Wednesday that is a business day, series of 
options on the SPDR S&P 500 ETF Trust (SPY) to expire on any Wednesday 
of the month that is a business day and is not a Wednesday in which 
Quarterly Options Series expire (``Wednesday SPY Expirations'').\4\ The 
proposed Wednesday SPY Expiration series will be similar to the current 
Short Term Option Series, with certain exceptions, as explained in 
greater detail below. The Exchange notes that having Wednesday 
expirations is not a novel proposal. Specifically, the Chicago Board 
Options Exchange, Incorporated (``CBOE'') recently received approval to 
list Wednesday expirations for broad-based indexes.\5\
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    \3\ See Securities Exchange Act Release No. 62505 (July 15, 
2010), 75 FR 42792 (July 22, 2010) (Notice of Filing and Immediate 
Effectiveness of SR-BX-2010-047).
    \4\ See Proposed IM-5050-6(c) to Rule 5050.
    \5\ See Securities Exchange Act Release No. 76909 (January 14, 
2016), 81 FR 3512 (January 21, 2016) (Order Approving SR-CBOE-2015-
106).
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    In regards to Wednesday SPY Expirations, the Exchange is proposing 
to remove the current restriction preventing BOX from listing Short 
Term Option Series that expire in the same week in which monthly option 
series in the same class expire. Specifically, the Exchange will be 
allowed to list Wednesday SPY Expirations in the same week in which 
monthly option series in SPY expire. The current restriction to 
prohibit the expiration of monthly and Short Term Option Series from 
expiring on the same trading day is reasonable to avoid investor 
confusion. This confusion will not apply with Wednesday SPY Expirations 
and standard monthly options because they will not expire on the same 
trading day, as standard monthly options do not expire on Wednesdays. 
Additionally, it would lead to investor confusion if Wednesday SPY 
Expirations were not listed for one week every month because there was 
a monthly SPY expiration on the Friday of that week.
    Under the proposed Wednesday SPY Expirations, BOX may list up to 
five consecutive Wednesday SPY Expirations at one time. The Exchange 
may have no more than a total of five Wednesday SPY Expirations listed. 
This is the same listing procedure as Short Term Option Series that 
expire on Fridays. The Exchange is also proposing to clarify that the 
five series limit in the current Short Term Option Series Program Rule 
will not include any Wednesday SPY Expirations.\6\ This means, under 
the proposal, the Exchange would be allowed to list five Short Term 
Option Series expirations for SPY expiring on Friday under the current 
rule and five Wednesday SPY Expirations. The interval between strike 
prices for the proposed Wednesday SPY Expirations will be the same as 
those for the current Short Term Option Series. Specifically, the 
Wednesday SPY

[[Page 45347]]

Expirations will have $0.50 strike intervals.
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    \6\ See proposed changes to IM-5050-6(a) to Rule 5050.
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    Currently, for each Short Term Option Expiration Date,\7\ the 
Exchange is limited to opening thirty (30) series for each expiration 
date for the specific class. The thirty (30) series restriction does 
not include series that are open by other securities exchanges under 
their respective short term option rules; BOX may list these additional 
series that are listed by other exchanges.\8\ The thirty (30) series 
restriction shall apply to Wednesday SPY Expiration series as well. In 
addition, the Exchange will be able to list series that are listed by 
other exchanges, assuming they file similar rules with the Commission 
to list SPY options expiring on Wednesdays.
---------------------------------------------------------------------------

    \7\ BOX may open for trading on any Thursday or Friday that is a 
business day series of options on that class that expire on each of 
the next five Fridays that are business days and are not Fridays in 
which monthly options series or Quarterly Options Series expire 
(``Short Term Option Expiration Dates''). See IM-5050-6(a).
    \8\ See IM-5050-6(b)(1) to Rule 5050.
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    As is the case with current Short Term Option Series, the Wednesday 
SPY Expiration series will be P.M.-settled. The Exchange does not 
believe that any market disruptions will be encountered with the 
introduction of P.M.-settled Wednesday SPY Expirations. The Exchange 
currently trades P.M.-settled Short Term Option Series that expire 
almost every Friday, which provide market participants a tool to hedge 
special events and to reduce the premium cost of buying protection. The 
Exchange seeks to introduce Wednesday SPY Expirations to, among other 
things, expand hedging tools available to market participants and to 
continue the reduction of the premium cost of buying protection. The 
Exchange believes that Wednesday expirations, similar to Friday 
expirations, would allow market participants to purchase an option 
based on their timing as needed and allow them to tailor their 
investment and hedging needs more effectively.
    The Exchange is also amending the definition of Short Term Option 
Series to make clear that it includes Wednesday expirations. 
Specifically, the Exchange is amending the definition to expand Short 
Term Option Series to those listed on any Tuesday or Wednesday and that 
expire on the Wednesday of the next business week. If a Tuesday or 
Wednesday is not a business day, the series may be opened (or shall 
expire) on the first business day immediately prior to that Tuesday or 
Wednesday.
    The Exchange believes that the introduction of Wednesday SPY 
Expirations will provide investors with a flexible and valuable tool to 
manage risk exposure, minimize capital outlays, and be more responsive 
to the timing of events affecting the industry.
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''),\9\ in general, and Section 6(b)(5) of the Act,\10\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the Short Term Option Series 
Program has been successful to date and that Wednesday SPY Expirations 
simply expand the ability of investors to hedge risk against market 
movements stemming from economic releases or market events that occur 
throughout the month in the same way that the Short Term Option Series 
Program has expanded the landscape of hedging. Similarly, the Exchange 
believes Wednesday SPY Expirations should create greater trading and 
hedging opportunities and flexibility, and provide customers with the 
ability to more closely tailor their investment objectives. The 
Exchange believes that allowing Wednesday SPY Expirations and monthly 
SPY expirations in the same week will benefit investors and minimize 
investor confusion by providing Wednesday SPY Expirations in a 
continuous and uniform manner.
    Finally, the Exchange represents that it has an adequate 
surveillance program in place to detect manipulative trading in 
Wednesday SPY Expirations in the same way it monitors trading in the 
current Short Term Option Series. The Exchange also represents that it 
has the necessary systems capacity to support the new options series.

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. The Exchange notes that having 
Wednesday expirations is not a novel proposal.\11\ The Exchange does 
not believe the proposal will impose any burden on intramarket 
competition, as all market participants will be treated in the same 
manner as existing Short Term Option Series. Additionally, the Exchange 
does not believe the proposal will impose any burden on intermarket 
competition, as nothing prevents the other options exchanges from 
proposing similar rules to those that the Exchange is currently 
proposing.
---------------------------------------------------------------------------

    \11\ 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 Actio

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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-2016-28 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-2016-28. This file 
number should be included on the subject line if email is used. To help 
the

[[Page 45348]]

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 such filing will also 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-2016-28 and should be 
submitted on or before August 3, 2016.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2016-16484 Filed 7-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  45346                          Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  rules/sro.shtml). Copies of the                          comments on the proposed rule from                     Series expire (‘‘Wednesday SPY
                                                  submission, all subsequent                               interested persons.                                    Expirations’’).4 The proposed
                                                  amendments, all written statements                                                                              Wednesday SPY Expiration series will
                                                                                                           I. Self-Regulatory Organization’s
                                                  with respect to the proposed rule                                                                               be similar to the current Short Term
                                                                                                           Statement of the Terms of Substance of
                                                  change that are filed with the                                                                                  Option Series, with certain exceptions,
                                                                                                           the Proposed Rule Change
                                                  Commission, and all written                                                                                     as explained in greater detail below. The
                                                  communications relating to the                              The Exchange proposes to amend IM–                  Exchange notes that having Wednesday
                                                  proposed rule change between the                         5050–6 to Rule 5050 to allow the listing               expirations is not a novel proposal.
                                                  Commission and any person, other than                    and trading of options with Wednesday                  Specifically, the Chicago Board Options
                                                  those that may be withheld from the                      expirations. The text of the proposed                  Exchange, Incorporated (‘‘CBOE’’)
                                                  public in accordance with the                            rule change is available from the                      recently received approval to list
                                                  provisions of 5 U.S.C. 552, will be                      principal office of the Exchange, at the               Wednesday expirations for broad-based
                                                  available for Web site viewing and                       Commission’s Public Reference Room                     indexes.5
                                                  printing in the Commission’s Public                      and also on the Exchange’s Internet Web                   In regards to Wednesday SPY
                                                  Reference Room, 100 F Street NE.,                        site at http://boxexchange.com.                        Expirations, the Exchange is proposing
                                                  Washington, DC 20549, on official                        II. Self-Regulatory Organization’s                     to remove the current restriction
                                                  business days between the hours of                                                                              preventing BOX from listing Short Term
                                                                                                           Statement of the Purpose of, and
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                          Option Series that expire in the same
                                                                                                           Statutory Basis for, the Proposed Rule
                                                  filing also will be available for                                                                               week in which monthly option series in
                                                                                                           Change
                                                  inspection and copying at the principal                                                                         the same class expire. Specifically, the
                                                  office of the Exchange. All comments                        In its filing with the Commission, the              Exchange will be allowed to list
                                                  received will be posted without change;                  self-regulatory organization included                  Wednesday SPY Expirations in the same
                                                  the Commission does not edit personal                    statements concerning the purpose of,                  week in which monthly option series in
                                                  identifying information from                             and basis for, the proposed rule change                SPY expire. The current restriction to
                                                  submissions. You should submit only                      and discussed any comments it received                 prohibit the expiration of monthly and
                                                  information that you wish to make                        on the proposed rule change. The text                  Short Term Option Series from expiring
                                                  available publicly. All submissions                      of these statements may be examined at                 on the same trading day is reasonable to
                                                  should refer to File Number SR–BX–                       the places specified in Item IV below.                 avoid investor confusion. This
                                                  2016–039, and should be submitted on                     The self-regulatory organization has                   confusion will not apply with
                                                  or before August 3, 2016.                                prepared summaries, set forth in                       Wednesday SPY Expirations and
                                                    For the Commission, by the Division of                 Sections A, B, and C below, of the most                standard monthly options because they
                                                  Trading and Markets, pursuant to delegated               significant aspects of such statements.                will not expire on the same trading day,
                                                  authority.45                                             A. Self-Regulatory Organization’s                      as standard monthly options do not
                                                  Brent J. Fields,                                         Statement of the Purpose of, and                       expire on Wednesdays. Additionally, it
                                                  Secretary.                                               Statutory Basis for, the Proposed Rule                 would lead to investor confusion if
                                                  [FR Doc. 2016–16492 Filed 7–12–16; 8:45 am]              Change                                                 Wednesday SPY Expirations were not
                                                  BILLING CODE 8011–01–P                                                                                          listed for one week every month because
                                                                                                           1. Purpose                                             there was a monthly SPY expiration on
                                                                                                              The Exchange proposes to expand the                 the Friday of that week.
                                                  SECURITIES AND EXCHANGE                                  Short Term Option Series Program                          Under the proposed Wednesday SPY
                                                  COMMISSION                                               outlined in IM–5050–6 to Rule 5050 to                  Expirations, BOX may list up to five
                                                  [Release No. 34–78243; File No. SR–BOX–
                                                                                                           allow the listing and trading of options               consecutive Wednesday SPY
                                                  2016–28]                                                 with Wednesday expirations.                            Expirations at one time. The Exchange
                                                                                                              Currently, under the Short Term                     may have no more than a total of five
                                                  Self-Regulatory Organizations; BOX                       Option Series Program, which was                       Wednesday SPY Expirations listed. This
                                                  Options Exchange LLC; Notice of                          initiated in 2010,3 the Exchange may                   is the same listing procedure as Short
                                                  Filing of Proposed Rule Change To                        open for trading on any Thursday or                    Term Option Series that expire on
                                                  Expand the Short Term Option Series                      Friday that is a business day series of                Fridays. The Exchange is also proposing
                                                  Program To Allow Wednesday                               options on that class that expire on each              to clarify that the five series limit in the
                                                  Expirations for SPY Options                              of the next five Fridays, provided that                current Short Term Option Series
                                                                                                           such Friday is not a Friday in which                   Program Rule will not include any
                                                  July 7, 2016.                                            monthly options series or Quarterly                    Wednesday SPY Expirations.6 This
                                                     Pursuant to Section 19(b)(1) of the                   Options Series expire (‘‘Short Term                    means, under the proposal, the
                                                  Securities Exchange Act of 1934                          Option Series’’). The Exchange is now                  Exchange would be allowed to list five
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  proposing to amend its rule to permit                  Short Term Option Series expirations
                                                  notice is hereby given that on June 30,                  the listing of options expiring on                     for SPY expiring on Friday under the
                                                  2016, BOX Options Exchange LLC (the                      Wednesdays. Specifically, BOX is                       current rule and five Wednesday SPY
                                                  ‘‘Exchange’’) filed with the Securities                  proposing that it may open for trading                 Expirations. The interval between strike
                                                  and Exchange Commission                                  on any Tuesday or Wednesday that is a                  prices for the proposed Wednesday SPY
                                                  (‘‘Commission’’) the proposed rule                       business day, series of options on the                 Expirations will be the same as those for
                                                  change as described in Items I, II, and                  SPDR S&P 500 ETF Trust (SPY) to                        the current Short Term Option Series.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  III below, which Items have been                         expire on any Wednesday of the month                   Specifically, the Wednesday SPY
                                                  prepared by the self-regulatory                          that is a business day and is not a
                                                  organization. The Commission is                          Wednesday in which Quarterly Options                     4 See  Proposed IM–5050–6(c) to Rule 5050.
                                                  publishing this notice to solicit                                                                                 5 See  Securities Exchange Act Release No. 76909
                                                                                                              3 See Securities Exchange Act Release No. 62505     (January 14, 2016), 81 FR 3512 (January 21, 2016)
                                                    45 17 CFR 200.30–3(a)(12).                             (July 15, 2010), 75 FR 42792 (July 22, 2010) (Notice   (Order Approving SR–CBOE–2015–106).
                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                           of Filing and Immediate Effectiveness of SR–BX–           6 See proposed changes to IM–5050–6(a) to Rule
                                                    2 17 CFR 240.19b–4.                                    2010–047).                                             5050.



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                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                                 45347

                                                  Expirations will have $0.50 strike                       Expirations will provide investors with                    expirations is not a novel proposal.11
                                                  intervals.                                               a flexible and valuable tool to manage                     The Exchange does not believe the
                                                     Currently, for each Short Term Option                 risk exposure, minimize capital outlays,                   proposal will impose any burden on
                                                  Expiration Date,7 the Exchange is                        and be more responsive to the timing of                    intramarket competition, as all market
                                                  limited to opening thirty (30) series for                events affecting the industry.                             participants will be treated in the same
                                                  each expiration date for the specific                                                                               manner as existing Short Term Option
                                                  class. The thirty (30) series restriction                2. Statutory Basis
                                                                                                                                                                      Series. Additionally, the Exchange does
                                                  does not include series that are open by                    The Exchange believes that the                          not believe the proposal will impose
                                                  other securities exchanges under their                   proposal is consistent with the                            any burden on intermarket competition,
                                                  respective short term option rules; BOX                  requirements of Section 6(b) of the                        as nothing prevents the other options
                                                  may list these additional series that are                Securities Exchange Act of 1934 (the                       exchanges from proposing similar rules
                                                  listed by other exchanges.8 The thirty                   ‘‘Act’’),9 in general, and Section 6(b)(5)                 to those that the Exchange is currently
                                                  (30) series restriction shall apply to                   of the Act,10 in particular, in that it is                 proposing.
                                                  Wednesday SPY Expiration series as                       designed to prevent fraudulent and
                                                  well. In addition, the Exchange will be                  manipulative acts and practices, to                        C. Self-Regulatory Organization’s
                                                  able to list series that are listed by other             promote just and equitable principles of                   Statement on Comments on the
                                                  exchanges, assuming they file similar                    trade, to foster cooperation and                           Proposed Rule Change Received From
                                                  rules with the Commission to list SPY                    coordination with persons engaged in                       Members, Participants, or Others
                                                  options expiring on Wednesdays.                          facilitating transactions in securities, to                  The Exchange has neither solicited
                                                     As is the case with current Short                     remove impediments to and perfect the                      nor received comments on the proposed
                                                  Term Option Series, the Wednesday                        mechanism of a free and open market                        rule change.
                                                  SPY Expiration series will be P.M.-                      and a national market system, and, in
                                                  settled. The Exchange does not believe                   general to protect investors and the                       III. Date of Effectiveness of the
                                                  that any market disruptions will be                      public interest.                                           Proposed Rule Change and Timing for
                                                  encountered with the introduction of                        In particular, the Exchange believes                    Commission Actio
                                                  P.M.-settled Wednesday SPY                               the Short Term Option Series Program                          Within 45 days of the date of
                                                  Expirations. The Exchange currently                      has been successful to date and that                       publication of this notice in the Federal
                                                  trades P.M.-settled Short Term Option                    Wednesday SPY Expirations simply                           Register or within such longer period (i)
                                                  Series that expire almost every Friday,                  expand the ability of investors to hedge                   as the Commission may designate up to
                                                  which provide market participants a                      risk against market movements                              90 days of such date if it finds such
                                                  tool to hedge special events and to                      stemming from economic releases or                         longer period to be appropriate and
                                                  reduce the premium cost of buying                        market events that occur throughout the                    publishes its reasons for so finding or
                                                  protection. The Exchange seeks to                        month in the same way that the Short                       (ii) as to which the self-regulatory
                                                  introduce Wednesday SPY Expirations                      Term Option Series Program has                             organization consents, the Commission
                                                  to, among other things, expand hedging                   expanded the landscape of hedging.                         will:
                                                  tools available to market participants                   Similarly, the Exchange believes                              (A) By order approve or disapprove
                                                  and to continue the reduction of the                     Wednesday SPY Expirations should                           the proposed rule change, or
                                                  premium cost of buying protection. The                   create greater trading and hedging                            (B) institute proceedings to determine
                                                  Exchange believes that Wednesday                         opportunities and flexibility, and                         whether the proposed rule change
                                                  expirations, similar to Friday                           provide customers with the ability to                      should be disapproved.
                                                  expirations, would allow market                          more closely tailor their investment
                                                                                                                                                                      IV. Solicitation of Comments
                                                  participants to purchase an option based                 objectives. The Exchange believes that
                                                  on their timing as needed and allow                      allowing Wednesday SPY Expirations                           Interested persons are invited to
                                                  them to tailor their investment and                      and monthly SPY expirations in the                         submit written data, views, and
                                                  hedging needs more effectively.                          same week will benefit investors and                       arguments concerning the foregoing,
                                                     The Exchange is also amending the                     minimize investor confusion by                             including whether the proposed rule
                                                  definition of Short Term Option Series                   providing Wednesday SPY Expirations                        change is consistent with the Act.
                                                  to make clear that it includes                           in a continuous and uniform manner.                        Comments may be submitted by any of
                                                  Wednesday expirations. Specifically,                        Finally, the Exchange represents that                   the following methods:
                                                  the Exchange is amending the definition                  it has an adequate surveillance program                    Electronic Comments
                                                  to expand Short Term Option Series to                    in place to detect manipulative trading
                                                  those listed on any Tuesday or                           in Wednesday SPY Expirations in the                          • Use the Commission’s Internet
                                                  Wednesday and that expire on the                         same way it monitors trading in the                        comment form (http://www.sec.gov/
                                                  Wednesday of the next business week.                     current Short Term Option Series. The                      rules/sro.shtml); or
                                                  If a Tuesday or Wednesday is not a                       Exchange also represents that it has the                     • Send an email to rule-comments@
                                                  business day, the series may be opened                   necessary systems capacity to support                      sec.gov. Please include File Number SR–
                                                  (or shall expire) on the first business                  the new options series.                                    BOX–2016–28 on the subject line.
                                                  day immediately prior to that Tuesday                    B. Self-Regulatory Organization’s                          Paper Comments
                                                  or Wednesday.
                                                     The Exchange believes that the
                                                                                                           Statement on Burden on Competition                           • Send paper comments in triplicate
                                                  introduction of Wednesday SPY                              The Exchange does not believe that                       to Secretary, Securities and Exchange
                                                                                                                                                                      Commission, 100 F Street NE.,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                           the proposed rule change will impose
                                                    7 BOX may open for trading on any Thursday or          any burden on competition not                              Washington, DC 20549–1090.
                                                  Friday that is a business day series of options on       necessary or appropriate in furtherance                    All submissions should refer to File
                                                  that class that expire on each of the next five          of the purposes of the Act. The                            Number SR–BOX–2016–28. This file
                                                  Fridays that are business days and are not Fridays
                                                  in which monthly options series or Quarterly             Exchange notes that having Wednesday                       number should be included on the
                                                  Options Series expire (‘‘Short Term Option                                                                          subject line if email is used. To help the
                                                  Expiration Dates’’). See IM–5050–6(a).                        9 15   U.S.C. 78f(b).
                                                    8 See IM–5050–6(b)(1) to Rule 5050.                         10 15   U.S.C. 78f(b)(5).                               11 See   supra, note 5.



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                                                  45348                          Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  Commission process and review your                       ‘‘Exchange’’) filed with the Securities               their respective position limits, (2) the
                                                  comments more efficiently, please use                    and Exchange Commission                               liquidity of the option and the
                                                  only one method. The Commission will                     (‘‘Commission’’) the proposed rule                    underlying security, (3) the market
                                                  post all comments on the Commission’s                    change as described in Items I and II                 capitalization of the underlying security
                                                  Internet Web site (http://www.sec.gov/                   below, which Items have been prepared                 and the related index, (4) the reporting
                                                  rules/sro.shtml). Copies of the                          by the self-regulatory organization. The              of large positions and requirements
                                                  submission, all subsequent                               Commission is publishing this notice to               surrounding margin, and (5) the
                                                  amendments, all written statements                       solicit comments on the proposed rule                 potential for market on close volatility.
                                                  with respect to the proposed rule                        change from interested persons.                          In the proposal to extend the SPY
                                                  change that are filed with the                                                                                 Pilot Program, the Exchange stated that
                                                                                                           I. Self-Regulatory Organization’s                     if it were to propose an extension,
                                                  Commission, and all written
                                                                                                           Statement of the Terms of the Substance               permanent approval or termination of
                                                  communications relating to the
                                                                                                           of the Proposed Rule Change                           the program, the Exchange would
                                                  proposed rule change between the
                                                  Commission and any person, other than                       The Exchange proposes to amend IM–                 submit, along with any filing proposing
                                                  those that may be withheld from the                      3120–2 to Rule 3120 to extend the pilot               such amendments to the program, a
                                                  public in accordance with the                            program that eliminated the position                  report providing an analysis of the SPY
                                                  provisions of 5 U.S.C. 552, will be                      limits for options on SPDR S&P 500 ETF                Pilot Program covering the period since
                                                  available for Web site viewing and                       (‘‘SPY’’) (‘‘SPY Pilot Program’’). The text           the previous extension (the ‘‘Pilot
                                                  printing in the Commission’s Public                      of the proposed rule change is available              Report’’).5 Accordingly, the Exchange is
                                                  Reference Room, 100 F Street NE.,                        from the principal office of the                      submitting the Pilot Report detailing the
                                                  Washington, DC 20549, on official                        Exchange, at the Commission’s Public                  Exchange’s experience with the SPY
                                                  business days between the hours of                       Reference Room and also on the                        Pilot Program. The Pilot Report is
                                                  10:00 a.m. and 3:00 p.m. Copies of such                  Exchange’s Internet Web site at http://               attached as Exhibit 3 to this filing. The
                                                  filing will also be available for                        boxexchange.com.                                      Exchange notes that it is unaware of any
                                                  inspection and copying at the principal                  II. Self-Regulatory Organization’s                    problems created by the SPY Pilot
                                                  office of the Exchange. All comments                     Statement of the Purpose of, and                      Program and does not foresee any as a
                                                  received will be posted without change;                  Statutory Basis for, the Proposed Rule                result of the proposed extension. In
                                                  the Commission does not edit personal                    Change                                                extending the SPY Pilot Program, the
                                                  identifying information from                                                                                   Exchange states that if it were to
                                                  submissions. You should submit only                         In its filing with the Commission, the             propose another extension, permanent
                                                  information that you wish to make                        self-regulatory organization included                 approval or termination of the program,
                                                  available publicly. All submissions                      statements concerning the purpose of,                 the Exchange will submit another Pilot
                                                  should refer to File Number SR–BOX–                      and basis for, the proposed rule change               Report covering the period since the
                                                  2016–28 and should be submitted on or                    and discussed any comments it received                previous extension, which will be
                                                  before August 3, 2016.                                   on the proposed rule change. The text                 submitted at least 30 days before the
                                                                                                           of these statements may be examined at                end of the proposed extension. If the
                                                    For the Commission, by the Division of
                                                                                                           the places specified in Item IV below.                SPY Pilot Program is not extended or
                                                  Trading and Markets, pursuant to delegated
                                                  authority.12                                             The self-regulatory organization has                  adopted on a permanent basis by July
                                                  Brent J. Fields,
                                                                                                           prepared summaries, set forth in                      12, 2017, position limits in SPY will
                                                                                                           Sections A, B, and C below, of the most               revert to their Pre-Pilot levels.
                                                  Secretary.
                                                                                                           significant aspects of such statements.               Extending the SPY Pilot Program will
                                                  [FR Doc. 2016–16484 Filed 7–12–16; 8:45 am]
                                                                                                           A. Self-Regulatory Organization’s                     give the Exchange and Commission
                                                  BILLING CODE 8011–01–P
                                                                                                           Statement of the Purpose of, and                      additional time to evaluate the pilot and
                                                                                                           Statutory Basis for, the Proposed Rule                its effect on the market.
                                                  SECURITIES AND EXCHANGE                                  Change                                                2. Statutory Basis
                                                  COMMISSION
                                                                                                           1. Purpose                                               The Exchange believes that the
                                                  [Release No. 34–78247; File No. SR–BOX–                     The Exchange proposes to amend IM–                 proposal is consistent with the
                                                  2016–31]                                                                                                       requirements of Section 6(b) of the Act,
                                                                                                           3120–2 to Rule 3120 to extend the time
                                                                                                           period of the SPY Pilot Program,3 which               in general, and Section 6(b)(5) of the
                                                  Self-Regulatory Organizations; BOX                                                                             Act, in particular, in that it is designed
                                                  Options Exchange LLC; Notice of                          is currently scheduled to expire on July
                                                                                                           12, 2016, through July 12, 2017.4                     to prevent fraudulent and manipulative
                                                  Filing and Immediate Effectiveness of                                                                          acts and practices, to promote just and
                                                  a Proposed Rule Change To Amend                             This filing does not propose any
                                                                                                           substantive changes to the SPY Pilot                  equitable principles of trade, to remove
                                                  IM–3120–2 to Rule 3120 To Extend the                                                                           impediments to and perfect the
                                                  Pilot Program That Eliminated the                        Program. In proposing to extend the
                                                                                                           SPY Pilot Program, the Exchange                       mechanism of a free and open market
                                                  Position Limits for Options on SPDR                                                                            and a national market system, and, in
                                                  S&P 500 ETF (‘‘SPY’’) (‘‘SPY Pilot                       reaffirms its consideration of several
                                                                                                           factors that supported the original                   general, to protect investors and the
                                                  Program’’)                                                                                                     public interest. The Exchange believes
                                                                                                           proposal of the SPY Pilot Program,
                                                  July 7, 2016.                                            including (1) the availability of                     that extending the SPY Pilot Program
                                                     Pursuant to Section 19(b)(1) of the                   economically equivalent products and                  promotes just and equitable principles
                                                                                                                                                                 of trade by permitting market
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Securities Exchange Act of 1934 (the
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                      3 See Securities Exchange Act Release No. 67936    participants, including market makers,
                                                  notice is hereby given that on July 6,                   (September 27, 2012), 77 FR 60491 (October 3,         institutional investors and retail
                                                                                                           2012) (Notice of Filing and Immediate Effectiveness   investors, to establish greater positions
                                                  2016, BOX Options Exchange LLC (the                      of SR–BOX–2012–013).
                                                                                                              4 See Securities Exchange Act Release No. 75410
                                                                                                                                                                 when pursuing their investment goals
                                                    12 17 CFR 200.30–3(a)(12).                             (July 9, 2015), 80 FR 41540 (July 15, 2015) (Notice   and needs.
                                                    1 15 U.S.C. 78s(b)(1).                                 of Filing and Immediate Effectiveness of SR–BOX–
                                                    2 17 CFR 240.19b–4.                                    2015–25).                                               5 Id.




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Document Created: 2016-07-13 01:44:01
Document Modified: 2016-07-13 01:44:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 45346 

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