81_FR_60241 81 FR 60072 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program

81 FR 60072 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range60072-60074
FR Document2016-20962

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60072-60074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20962]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78695; File No. SR-NASDAQ-2016-122]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Expand the Short Term Option Series Program

August 26, 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 August 25, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the rules of the NASDAQ Options 
Market LLC (``NOM'') to expand the Short Term Option Series Program to 
allow Wednesday expirations for SPY options.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.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 Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

[[Page 60073]]

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NOM Rules at Chapter I, Section 
1(a)(59) and Chapter IV, Section 6 at Commentary .07 to expand the 
Short Term Option Series Program to permit the listing and trading of 
options with Wednesday expirations.
    Currently, under the Short Term Option Series Program, 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 
consecutive 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, the 
Exchange 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'').\3\ 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, BOX Options Exchange LLC (``BOX'') recently 
received approval to list Wednesday expirations for SPY options.\4\
---------------------------------------------------------------------------

    \3\ See NOM Rule Chapter IV, Section 6 at Commentary .07.
    \4\ See Securities Exchange Act Release No. 78668 (SR-BOX-2016-
28) (pending publication in the Federal Register).
---------------------------------------------------------------------------

    In regards to Wednesday SPY Expirations, the Exchange is proposing 
to remove the current restriction preventing the Exchange 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, the Exchange 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. 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 
Expirations will have $0.50 strike intervals.
    Currently, for each Short Term Option Expiration Date,\5\ 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; the Exchange may list these 
additional series that are listed by other exchanges.\6\ 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.
---------------------------------------------------------------------------

    \5\ NOM 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 consecutive 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 NOM Rule 
Chapter IV, Section 6 at Commentary .07.
    \6\ See NOM Rule Chapter IV, Section 6 at Commentary .07.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.\7\ 
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.
---------------------------------------------------------------------------

    \7\ See proposed Chapter I, Section 1(a)(59).
---------------------------------------------------------------------------

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 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 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

[[Page 60074]]

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. 
Also, the Exchange notes that BOX Options Exchange LLC (``BOX'') 
recently received approval to list Wednesday expirations for SPY 
options.\10\
---------------------------------------------------------------------------

    \10\ See supra, note 4.
---------------------------------------------------------------------------

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, BOX has received 
approval to list Wednesday expirations for SPY options.\11\ The 
Exchange does not believe the proposal will impose any burden on intra-
market competition, as all market participants will be treated in the 
same manner. Additionally, the Exchange does not believe the proposal 
will impose any burden on inter-market competition, as nothing prevents 
the other options exchanges from proposing similar rules.
---------------------------------------------------------------------------

    \11\ See supra, note 4.
---------------------------------------------------------------------------

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

    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 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 
\12\ and Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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 intention 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days from the date of filing. However, Rule 
19b-4(f)(6)(iii) \14\ 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 so that the proposal may become operative 
immediately upon filing. The Commission notes that it recently approved 
BOX's substantially similar proposal to list and trade Wednesday SPY 
Expirations.\15\ The Exchange has stated that waiver of the operative 
delay will allow the Exchange to list and trade Wednesday SPY 
Expirations as soon as possible, and therefore, promote competition 
among the option exchanges. For these reasons, the Commission believes 
that the proposed rule change presents no novel issues and that waiver 
of the 30-day operative delay is consistent with the protection of 
investors and the public interest, and will allow the Exchange to 
remain competitive with other exchanges. Therefore, the Commission 
hereby waives the 30-day operative delay and designates the proposal 
effective upon filing.\16\ At any time within 60 days of the filing of 
the proposed rule change, the Commission summarily may temporarily 
suspend such rule change if it appears to the Commission that such 
action is necessary or appropriate in the public interest, for the 
protection of investors, or otherwise in furtherance of the purposes of 
the Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra note 4.
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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-NASDAQ-2016-122 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-NASDAQ-2016-122. 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-NASDAQ-2016-122 and should 
be submitted on or before September 21, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-20962 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  60072                       Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  effective pursuant to Section 19(b)(3)(A)                 change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                                  of the Act 15 and Rule 19b–4(f)(6)                        Comments may be submitted by any of                    COMMISSION
                                                  thereunder.16                                             the following methods:
                                                     A proposed rule change filed under                                                                            [Release No. 34–78695; File No. SR–
                                                                                                            Electronic Comments
                                                  Rule 19b–4(f)(6) normally does not                                                                               NASDAQ–2016–122]
                                                  become operative for 30 days from the                       • Use the Commission’s Internet
                                                  date of filing. However, Rule 19b–                        comment form (http://www.sec.gov/                      Self-Regulatory Organizations; The
                                                  4(f)(6)(iii) 17 permits the Commission to                 rules/sro.shtml); or                                   NASDAQ Stock Market LLC; Notice of
                                                  designate a shorter time if such action
                                                  is consistent with the protection of                        • Send an email to rule-comments@                    Filing and Immediate Effectiveness of
                                                                                                            sec.gov. Please include File Number SR–                Proposed Rule Change To Expand the
                                                  investors and the public interest. The                                                                           Short Term Option Series Program
                                                  Exchange has asked the Commission to                      BatsEDGX–2016–50 on the subject line.
                                                  waive the 30-day operative delay so that                  Paper Comments                                         August 26, 2016.
                                                  the proposal may become operative
                                                                                                              • Send paper comments in triplicate                     Pursuant to Section 19(b)(1) of the
                                                  immediately upon filing. The
                                                                                                            to Secretary, Securities and Exchange                  Securities Exchange Act of 1934
                                                  Commission notes that it recently
                                                  approved BOX’s substantially similar                      Commission, 100 F Street NE.,                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  proposal to list and trade Wednesday                      Washington, DC 20549–1090.                             notice is hereby given that on August
                                                  SPY Expirations.18 The Exchange has                                                                              25, 2016, The NASDAQ Stock Market
                                                                                                            All submissions should refer to File                   LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
                                                  stated that waiver of the operative delay                 Number SR–BatsEDGX–2016–50. This
                                                  will allow the Exchange to list and trade                                                                        with the Securities and Exchange
                                                                                                            file number should be included on the                  Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                  Wednesday SPY Expirations as soon as                      subject line if email is used. To help the
                                                  possible, and therefore, promote                                                                                 the proposed rule change as described
                                                                                                            Commission process and review your
                                                  competition among the option                                                                                     in Items I and II, below, which Items
                                                                                                            comments more efficiently, please use
                                                  exchanges. For these reasons, the                                                                                have been prepared by the Exchange.
                                                                                                            only one method. The Commission will
                                                  Commission believes that the proposed                     post all comments on the Commission’s                  The Commission is publishing this
                                                  rule change presents no novel issues                      Internet Web site (http://www.sec.gov/                 notice to solicit comments on the
                                                  and that waiver of the 30-day operative                   rules/sro.shtml). Copies of the                        proposed rule change from interested
                                                  delay is consistent with the protection                   submission, all subsequent                             persons.
                                                  of investors and the public interest, and                 amendments, all written statements
                                                  will allow the Exchange to remain                                                                                I. Self-Regulatory Organization’s
                                                                                                            with respect to the proposed rule                      Statement of the Terms of Substance of
                                                  competitive with other exchanges.                         change that are filed with the
                                                  Therefore, the Commission hereby                                                                                 the Proposed Rule Change
                                                                                                            Commission, and all written
                                                  waives the 30-day operative delay and                     communications relating to the                            The Exchange proposes to amend the
                                                  designates the proposal effective upon                    proposed rule change between the                       rules of the NASDAQ Options Market
                                                  filing.19 At any time within 60 days of                   Commission and any person, other than                  LLC (‘‘NOM’’) to expand the Short Term
                                                  the filing of the proposed rule change,                   those that may be withheld from the
                                                  the Commission summarily may                                                                                     Option Series Program to allow
                                                                                                            public in accordance with the                          Wednesday expirations for SPY options.
                                                  temporarily suspend such rule change if                   provisions of 5 U.S.C. 552, will be
                                                  it appears to the Commission that such                    available for Web site viewing and                        The text of the proposed rule change
                                                  action is necessary or appropriate in the                 printing in the Commission’s Public                    is available on the Exchange’s Web site
                                                  public interest, for the protection of                    Reference Room, 100 F Street NE.,                      at http://nasdaq.cchwallstreet.com, at
                                                  investors, or otherwise in furtherance of                 Washington, DC 20549, on official                      the principal office of the Exchange, and
                                                  the purposes of the Act. If the                           business days between the hours of                     at the Commission’s Public Reference
                                                  Commission takes such action, the                         10:00 a.m. and 3:00 p.m. Copies of the                 Room.
                                                  Commission shall institute proceedings                    filing also will be available for
                                                  to determine whether the proposed rule                                                                           II. Self-Regulatory Organization’s
                                                                                                            inspection and copying at the principal                Statement of the Purpose of, and
                                                  should be approved or disapproved.                        office of the Exchange. All comments                   Statutory Basis for, the Proposed Rule
                                                  IV. Solicitation of Comments                              received will be posted without change;
                                                                                                                                                                   Change
                                                                                                            the Commission does not edit personal
                                                    Interested persons are invited to
                                                                                                            identifying information from                             In its filing with the Commission, the
                                                  submit written data, views and
                                                                                                            submissions. You should submit only                    Exchange included statements
                                                  arguments concerning the foregoing,
                                                                                                            information that you wish to make                      concerning the purpose of and basis for
                                                  including whether the proposed rule
                                                                                                            available publicly. All submissions                    the proposed rule change and discussed
                                                    15 15  U.S.C. 78s(b)(3)(A).
                                                                                                            should refer to File Number SR–                        any comments it received on the
                                                    16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      BatsEDGX–2016–50 and should be                         proposed rule change. The text of these
                                                  4(f)(6) requires a self-regulatory organization to give   submitted on or before September 21,                   statements may be examined at the
                                                  the Commission written notice of its intention to         2016.
                                                  file the proposed rule change at least five business                                                             places specified in Item IV below. The
                                                  days prior to the date of filing of the proposed rule       For the Commission, by the Division of               Exchange has prepared summaries, set
                                                  change, or such shorter time as designated by the         Trading and Markets, pursuant to delegated             forth in sections A, B, and C below, of
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Commission. The Exchange has satisfied this               authority.20
                                                  requirement.                                                                                                     the most significant aspects of such
                                                     17 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                            Brent J. Fields,                                       statements.
                                                     18 See supra note 5.                                   Secretary.
                                                     19 For purposes only of waiving the 30-day             [FR Doc. 2016–20963 Filed 8–30–16; 8:45 am]
                                                  operative delay, the Commission has also                  BILLING CODE 8011–01–P
                                                  considered the proposed rule’s impact on
                                                                                                                                                                     1 15   U.S.C. 78s(b)(1).
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                           20 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



                                             VerDate Sep<11>2014    21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00097     Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM     31AUN1


                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                    60073

                                                  A. Self-Regulatory Organization’s                       the same trading day, as standard                     rules with the Commission to list SPY
                                                  Statement of the Purpose of, and                        monthly options do not expire on                      options expiring on Wednesdays.
                                                  Statutory Basis for, the Proposed Rule                  Wednesdays. Additionally, it would                       The Exchange is also amending the
                                                  Change                                                  lead to investor confusion if Wednesday               definition of Short Term Option Series
                                                                                                          SPY Expirations were not listed for one               to make clear that it includes
                                                  1. Purpose                                                                                                    Wednesday expirations.7 Specifically,
                                                                                                          week every month because there was a
                                                     The Exchange proposes to amend                       monthly SPY expiration on the Friday                  the Exchange is amending the definition
                                                  NOM Rules at Chapter I, Section                         of that week.                                         to expand Short Term Option Series to
                                                  1(a)(59) and Chapter IV, Section 6 at                      Under the proposed Wednesday SPY                   those listed on any Tuesday or
                                                  Commentary .07 to expand the Short                      Expirations, the Exchange may list up to              Wednesday and that expire on the
                                                  Term Option Series Program to permit                    five consecutive Wednesday SPY                        Wednesday of the next business week.
                                                  the listing and trading of options with                 Expirations at one time. The Exchange                 If a Tuesday or Wednesday is not a
                                                  Wednesday expirations.                                  may have no more than a total of five                 business day, the series may be opened
                                                     Currently, under the Short Term                      Wednesday SPY Expirations listed. This                (or shall expire) on the first business
                                                  Option Series Program, the Exchange                     is the same listing procedure as Short                day immediately prior to that Tuesday
                                                  may open for trading on any Thursday                    Term Option Series that expire on                     or Wednesday. The Exchange believes
                                                  or Friday that is a business day series                 Fridays. This means, under the                        that the introduction of Wednesday SPY
                                                  of options on that class that expire on                 proposal, the Exchange would be                       Expirations will provide investors with
                                                  each of the next five consecutive                       allowed to list five Short Term Option                a flexible and valuable tool to manage
                                                  Fridays, provided that such Friday is                   Series expirations for SPY expiring on                risk exposure, minimize capital outlays,
                                                  not a Friday in which monthly options                   Friday under the current rule and five                and be more responsive to the timing of
                                                  series or Quarterly Options Series expire               Wednesday SPY Expirations. The                        events affecting the industry.
                                                  (‘‘Short Term Option Series’’). The                     interval between strike prices for the
                                                  Exchange is now proposing to amend its                                                                        2. Statutory Basis
                                                                                                          proposed Wednesday SPY Expirations
                                                  rule to permit the listing of options                   will be the same as those for the current                The Exchange believes that its
                                                  expiring on Wednesdays. Specifically,                   Short Term Option Series. Specifically,               proposal is consistent with Section 6(b)
                                                  the Exchange is proposing that it may                   the Wednesday SPY Expirations will                    of the Act,8 in general, and furthers the
                                                  open for trading on any Tuesday or                      have $0.50 strike intervals.                          objectives of Section 6(b)(5) of the Act,9
                                                  Wednesday that is a business day, series                   Currently, for each Short Term Option              in particular, in that it is designed to
                                                  of options on the SPDR S&P 500 ETF                      Expiration Date,5 the Exchange is                     promote just and equitable principles of
                                                  Trust (SPY) to expire on any Wednesday                  limited to opening thirty (30) series for             trade, to foster cooperation and
                                                  of the month that is a business day and                 each expiration date for the specific                 coordination with persons engaged in
                                                  is not a Wednesday in which Quarterly                   class. The thirty (30) series restriction             facilitating transactions in securities, to
                                                  Options Series expire (‘‘Wednesday SPY                  does not include series that are open by              remove impediments to and perfect the
                                                  Expirations’’).3 The proposed                           other securities exchanges under their                mechanism of a free and open market
                                                  Wednesday SPY Expiration series will                    respective short term option rules; the               and a national market system, and, in
                                                  be similar to the current Short Term                    Exchange may list these additional                    general to protect investors and the
                                                  Option Series, with certain exceptions,                 series that are listed by other                       public interest.
                                                  as explained in greater detail below. The               exchanges.6 The thirty (30) series                       In particular, the Exchange believes
                                                  Exchange notes that having Wednesday                    restriction shall apply to Wednesday                  the Short Term Option Series Program
                                                  expirations is not a novel proposal.                    SPY Expiration series as well. In                     has been successful to date and that
                                                  Specifically, BOX Options Exchange                      addition, the Exchange will be able to                Wednesday SPY Expirations simply
                                                  LLC (‘‘BOX’’) recently received approval                list series that are listed by other                  expand the ability of investors to hedge
                                                  to list Wednesday expirations for SPY                   exchanges, assuming they file similar                 risk against market movements
                                                  options.4                                                                                                     stemming from economic releases or
                                                     In regards to Wednesday SPY                            5 NOM may open for trading on any Thursday or       market events that occur throughout the
                                                  Expirations, the Exchange is proposing                  Friday that is a business day series of options on    month in the same way that the Short
                                                  to remove the current restriction                       that class that expire on each of the next five       Term Option Series Program has
                                                  preventing the Exchange from listing                    consecutive Fridays that are business days and are
                                                                                                                                                                expanded the landscape of hedging.
                                                  Short Term Option Series that expire in                 not Fridays in which monthly options series or
                                                                                                          Quarterly Options Series expire (‘‘Short Term         Similarly, the Exchange believes
                                                  the same week in which monthly option                   Option Expiration Dates’’). See NOM Rule Chapter      Wednesday SPY Expirations should
                                                  series in the same class expire.                        IV, Section 6 at Commentary .07.                      create greater trading and hedging
                                                  Specifically, the Exchange will be                        6 See NOM Rule Chapter IV, Section 6 at
                                                                                                                                                                opportunities and flexibility, and
                                                  allowed to list Wednesday SPY                           Commentary .07.
                                                                                                          Term Option Series, the Wednesday SPY Expiration      provide customers with the ability to
                                                  Expirations in the same week in which                   series will be P.M.-settled. The Exchange does not    more closely tailor their investment
                                                  monthly option series in SPY expire.                    believe that any market disruptions will be           objectives. The Exchange believes that
                                                  The current restriction to prohibit the                 encountered with the introduction of P.M.-settled     allowing Wednesday SPY Expirations
                                                  expiration of monthly and Short Term                    Wednesday SPY Expirations. The Exchange
                                                                                                                                                                and monthly SPY expirations in the
                                                  Option Series from expiring on the same                 currently trades P.M.-settled Short Term Option
                                                                                                          Series that expire almost every Friday, which         same week will benefit investors and
                                                  trading day is reasonable to avoid                      provide market participants a tool to hedge special   minimize investor confusion by
                                                  investor confusion. This confusion will                 events and to reduce the premium cost of buying       providing Wednesday SPY Expirations
                                                  not apply with Wednesday SPY                            protection. The Exchange seeks to introduce
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Wednesday SPY Expirations to, among other things,     in a continuous and uniform manner.
                                                  Expirations and standard monthly                                                                              Finally, the Exchange represents that it
                                                                                                          expand hedging tools available to market
                                                  options because they will not expire on                 participants and to continue the reduction of the     has an adequate surveillance program in
                                                                                                          premium cost of buying protection. The Exchange       place to detect manipulative trading in
                                                    3 See NOM Rule Chapter IV, Section 6 at               believes that Wednesday expirations, similar to
                                                  Commentary .07.                                         Friday expirations, would allow market participants
                                                                                                                                                                  7 See proposed Chapter I, Section 1(a)(59).
                                                    4 See Securities Exchange Act Release No. 78668       to purchase an option based on their timing as
                                                                                                                                                                  8 15 U.S.C. 78f(b).
                                                  (SR–BOX–2016–28) (pending publication in the            needed and allow them to tailor their investment
                                                  Federal Register).                                      and hedging needs more effectively.                     9 15 U.S.C. 78f(b)(5).




                                             VerDate Sep<11>2014   21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM    31AUN1


                                                  60074                       Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  Wednesday SPY Expirations in the same                     4(f)(6)(iii) 14 permits the Commission to             Commission, 100 F Street NE.,
                                                  way it monitors trading in the current                    designate a shorter time if such action               Washington, DC 20549–1090.
                                                  Short Term Option Series. The                             is consistent with the protection of                  All submissions should refer to File
                                                  Exchange also represents that it has the                  investors and the public interest. The                Number SR–NASDAQ–2016–122. This
                                                  necessary systems capacity to support                     Exchange has asked the Commission to                  file number should be included on the
                                                  the new options series. Also, the                         waive the 30-day operative delay so that              subject line if email is used. To help the
                                                  Exchange notes that BOX Options                           the proposal may become operative                     Commission process and review your
                                                  Exchange LLC (‘‘BOX’’) recently                           immediately upon filing. The                          comments more efficiently, please use
                                                  received approval to list Wednesday                       Commission notes that it recently                     only one method. The Commission will
                                                  expirations for SPY options.10                            approved BOX’s substantially similar                  post all comments on the Commission’s
                                                                                                            proposal to list and trade Wednesday                  Internet Web site (http://www.sec.gov/
                                                  B. Self-Regulatory Organization’s                         SPY Expirations.15 The Exchange has
                                                  Statement on Burden on Competition                                                                              rules/sro.shtml). Copies of the
                                                                                                            stated that waiver of the operative delay             submission, all subsequent
                                                    The Exchange does not believe that                      will allow the Exchange to list and trade             amendments, all written statements
                                                  the proposed rule change will impose                      Wednesday SPY Expirations as soon as                  with respect to the proposed rule
                                                  any burden on competition not                             possible, and therefore, promote                      change that are filed with the
                                                  necessary or appropriate in furtherance                   competition among the option                          Commission, and all written
                                                  of the purposes of the Act. The                           exchanges. For these reasons, the                     communications relating to the
                                                  Exchange notes that having Wednesday                      Commission believes that the proposed                 proposed rule change between the
                                                  expirations is not a novel proposal, BOX                  rule change presents no novel issues                  Commission and any person, other than
                                                  has received approval to list Wednesday                   and that waiver of the 30-day operative               those that may be withheld from the
                                                  expirations for SPY options.11 The                        delay is consistent with the protection               public in accordance with the
                                                  Exchange does not believe the proposal                    of investors and the public interest, and             provisions of 5 U.S.C. 552, will be
                                                  will impose any burden on intra-market                    will allow the Exchange to remain                     available for Web site viewing and
                                                  competition, as all market participants                   competitive with other exchanges.                     printing in the Commission’s Public
                                                  will be treated in the same manner.                       Therefore, the Commission hereby                      Reference Room, 100 F Street NE.,
                                                  Additionally, the Exchange does not                       waives the 30-day operative delay and                 Washington, DC 20549, on official
                                                  believe the proposal will impose any                      designates the proposal effective upon                business days between the hours of
                                                  burden on inter-market competition, as                    filing.16 At any time within 60 days of               10:00 a.m. and 3:00 p.m. Copies of the
                                                  nothing prevents the other options                        the filing of the proposed rule change,               filing also will be available for
                                                  exchanges from proposing similar rules.                   the Commission summarily may                          inspection and copying at the principal
                                                                                                            temporarily suspend such rule change if               office of the Exchange. All comments
                                                  C. Self-Regulatory Organization’s
                                                                                                            it appears to the Commission that such                received will be posted without change;
                                                  Statement on Comments on the
                                                                                                            action is necessary or appropriate in the             the Commission does not edit personal
                                                  Proposed Rule Change Received From
                                                                                                            public interest, for the protection of                identifying information from
                                                  Members, Participants, or Others
                                                                                                            investors, or otherwise in furtherance of             submissions. You should submit only
                                                    No written comments were either                         the purposes of the Act. If the                       information that you wish to make
                                                  solicited or received.                                    Commission takes such action, the                     available publicly. All submissions
                                                  III. Date of Effectiveness of the                         Commission shall institute proceedings                should refer to File Number SR–
                                                  Proposed Rule Change and Timing for                       to determine whether the proposed rule                NASDAQ–2016–122 and should be
                                                  Commission Action                                         should be approved or disapproved.                    submitted on or before September 21,
                                                                                                            IV. Solicitation of Comments                          2016.
                                                     Because the foregoing proposed rule
                                                  change does not: (i) Significantly affect                   Interested persons are invited to                     For the Commission, by the Division of
                                                  the protection of investors or the public                 submit written data, views, and                       Trading and Markets, pursuant to delegated
                                                                                                                                                                  authority.17
                                                  interest; (ii) impose any significant                     arguments concerning the foregoing,
                                                  burden on competition; and (iii) become                   including whether the proposed rule                   Brent J. Fields,
                                                  operative for 30 days from the date on                    change is consistent with the Act.                    Secretary.
                                                  which it was filed, or such shorter time                  Comments may be submitted by any of                   [FR Doc. 2016–20962 Filed 8–30–16; 8:45 am]
                                                  as the Commission may designate, the                      the following methods:                                BILLING CODE 8011–01–P
                                                  proposed rule change has become                           Electronic Comments
                                                  effective pursuant to Section 19(b)(3)(A)
                                                  of the Act 12 and Rule 19b–4(f)(6)                          • Use the Commission’s Internet                     SECURITIES AND EXCHANGE
                                                  thereunder.13                                             comment form (http://www.sec.gov/                     COMMISSION
                                                     A proposed rule change filed under                     rules/sro.shtml); or
                                                  Rule 19b–4(f)(6) normally does not                          • Send an email to rule-comments@                   [Release No. 34–78693; File No. SR–Phlx–
                                                  become operative for 30 days from the                     sec.gov. Please include File Number SR–               2016–89]
                                                  date of filing. However, Rule 19b–                        NASDAQ–2016–122 on the subject line.
                                                                                                                                                                  Self-Regulatory Organizations;
                                                                                                            Paper Comments
                                                                                                                                                                  NASDAQ PHLX LLC; Notice of Filing
                                                                                                              • Send paper comments in triplicate
                                                    10 See  supra, note 4.
                                                     11 See supra, note 4.                                                                                        and Immediate Effectiveness of
                                                                                                            to Secretary, Securities and Exchange
mstockstill on DSK3G9T082PROD with NOTICES




                                                     12 15 U.S.C. 78s(b)(3)(A).                                                                                   Proposed Rule Change To Expand the
                                                     13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                            Short Term Option Series Program
                                                                                                              14 17  CFR 240.19b–4(f)(6)(iii).
                                                  4(f)(6) requires a self-regulatory organization to give
                                                  the Commission written notice of its intention to           15 See  supra note 4.                               August 26, 2016.
                                                  file the proposed rule change at least five business         16 For purposes only of waiving the 30-day
                                                                                                                                                                    Pursuant to Section 19(b)(1) of the
                                                  days prior to the date of filing of the proposed rule     operative delay, the Commission has also              Securities Exchange Act of 1934
                                                  change, or such shorter time as designated by the         considered the proposed rule’s impact on
                                                  Commission. The Exchange has satisfied this               efficiency, competition, and capital formation. See
                                                  requirement.                                              15 U.S.C. 78c(f).                                       17 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014    21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM      31AUN1



Document Created: 2018-02-02 12:15:07
Document Modified: 2018-02-02 12:15:07
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 60072 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR