81_FR_60243 81 FR 60074 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program

81 FR 60074 - Self-Regulatory Organizations; NASDAQ PHLX 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 Range60074-60077
FR Document2016-20960

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60074-60077]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20960]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78693; File No. SR-Phlx-2016-89]


Self-Regulatory Organizations; NASDAQ PHLX 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

[[Page 60075]]

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 25, 2016, NASDAQ PHLX LLC (``Phlx'' 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 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://nasdaqphlx.cchwallstreet.com/ 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.

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 Phlx Rules 1000(44) and Rule 1012 at 
Commentary .11 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 Phlx Rule 1012 at Commentary .11.
    \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\ Phlx 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 Phlx 
Rule 1012 at Commentary .11.
    \6\ See Phlx Rule 1012 at Commentary .11.
---------------------------------------------------------------------------

    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

[[Page 60076]]

(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 Rule 1000(44).
---------------------------------------------------------------------------

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 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-Phlx-2016-89 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-Phlx-2016-89. 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

[[Page 60077]]

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-Phlx-2016-89 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. 2016-20960 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  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


                                                                                Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                   60075

                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    rule to permit the listing of options                 will be the same as those for the current
                                                  notice is hereby given that on August                      expiring on Wednesdays. Specifically,                 Short Term Option Series. Specifically,
                                                  25, 2016, NASDAQ PHLX LLC (‘‘Phlx’’                        the Exchange is proposing that it may                 the Wednesday SPY Expirations will
                                                  or ‘‘Exchange’’) filed with the Securities                 open for trading on any Tuesday or                    have $0.50 strike intervals.
                                                  and Exchange Commission (‘‘SEC’’ or                        Wednesday that is a business day, series                 Currently, for each Short Term Option
                                                  ‘‘Commission’’) the proposed rule                          of options on the SPDR S&P 500 ETF                    Expiration Date,5 the Exchange is
                                                  change as described in Items I and II,                     Trust (SPY) to expire on any Wednesday                limited to opening thirty (30) series for
                                                  below, which Items have been prepared                      of the month that is a business day and               each expiration date for the specific
                                                  by the Exchange. The Commission is                         is not a Wednesday in which Quarterly                 class. The thirty (30) series restriction
                                                  publishing this notice to solicit                          Options Series expire (‘‘Wednesday SPY                does not include series that are open by
                                                  comments on the proposed rule change                       Expirations’’).3 The proposed                         other securities exchanges under their
                                                  from interested persons.                                   Wednesday SPY Expiration series will                  respective short term option rules; the
                                                                                                             be similar to the current Short Term                  Exchange may list these additional
                                                  I. Self-Regulatory Organization’s
                                                  Statement of the Terms of Substance of                     Option Series, with certain exceptions,               series that are listed by other
                                                  the Proposed Rule Change                                   as explained in greater detail below. The             exchanges.6 The thirty (30) series
                                                                                                             Exchange notes that having Wednesday                  restriction shall apply to Wednesday
                                                     The Exchange proposes to expand the                     expirations is not a novel proposal.                  SPY Expiration series as well. In
                                                  Short Term Option Series Program to                        Specifically, BOX Options Exchange                    addition, the Exchange will be able to
                                                  allow Wednesday expirations for SPY                        LLC (‘‘BOX’’) recently received approval              list series that are listed by other
                                                  options.                                                   to list Wednesday expirations for SPY                 exchanges, assuming they file similar
                                                     The text of the proposed rule change                    options.4                                             rules with the Commission to list SPY
                                                  is available on the Exchange’s Web site                       In regards to Wednesday SPY                        options expiring on Wednesdays.
                                                  at http://nasdaqphlx.cchwallstreet.                        Expirations, the Exchange is proposing                   As is the case with current Short
                                                  com/, at the principal office of the                       to remove the current restriction                     Term Option Series, the Wednesday
                                                  Exchange, and at the Commission’s                          preventing the Exchange from listing                  SPY Expiration series will be P.M.-
                                                  Public Reference Room.                                     Short Term Option Series that expire in               settled. The Exchange does not believe
                                                  II. Self-Regulatory Organization’s                         the same week in which monthly option                 that any market disruptions will be
                                                  Statement of the Purpose of, and                           series in the same class expire.                      encountered with the introduction of
                                                  Statutory Basis for, the Proposed Rule                     Specifically, the Exchange will be                    P.M.-settled Wednesday SPY
                                                  Change                                                     allowed to list Wednesday SPY                         Expirations. The Exchange currently
                                                                                                             Expirations in the same week in which                 trades P.M.-settled Short Term Option
                                                     In its filing with the Commission, the
                                                  Exchange included statements                               monthly option series in SPY expire.                  Series that expire almost every Friday,
                                                  concerning the purpose of and basis for                    The current restriction to prohibit the               which provide market participants a
                                                  the proposed rule change and discussed                     expiration of monthly and Short Term                  tool to hedge special events and to
                                                  any comments it received on the                            Option Series from expiring on the same               reduce the premium cost of buying
                                                  proposed rule change. The text of these                    trading day is reasonable to avoid                    protection. The Exchange seeks to
                                                  statements may be examined at the                          investor confusion. This confusion will               introduce Wednesday SPY Expirations
                                                  places specified in Item IV below. The                     not apply with Wednesday SPY                          to, among other things, expand hedging
                                                  Exchange has prepared summaries, set                       Expirations and standard monthly                      tools available to market participants
                                                  forth in sections A, B, and C below, of                    options because they will not expire on               and to continue the reduction of the
                                                  the most significant aspects of such                       the same trading day, as standard                     premium cost of buying protection. The
                                                  statements.                                                monthly options do not expire on                      Exchange believes that Wednesday
                                                                                                             Wednesdays. Additionally, it would                    expirations, similar to Friday
                                                  A. Self-Regulatory Organization’s                          lead to investor confusion if Wednesday               expirations, would allow market
                                                  Statement of the Purpose of, and                           SPY Expirations were not listed for one               participants to purchase an option based
                                                  Statutory Basis for, the Proposed Rule                     week every month because there was a                  on their timing as needed and allow
                                                  Change                                                     monthly SPY expiration on the Friday                  them to tailor their investment and
                                                  1. Purpose                                                 of that week.                                         hedging needs more effectively.
                                                                                                                Under the proposed Wednesday SPY                      The Exchange is also amending the
                                                     The Exchange proposes to amend                          Expirations, the Exchange may list up to              definition of Short Term Option Series
                                                  Phlx Rules 1000(44) and Rule 1012 at                       five consecutive Wednesday SPY                        to make clear that it includes
                                                  Commentary .11 to expand the Short                         Expirations at one time. The Exchange                 Wednesday expirations.7 Specifically,
                                                  Term Option Series Program to permit                       may have no more than a total of five                 the Exchange is amending the definition
                                                  the listing and trading of options with                    Wednesday SPY Expirations listed. This                to expand Short Term Option Series to
                                                  Wednesday expirations.                                     is the same listing procedure as Short                those listed on any Tuesday or
                                                     Currently, under the Short Term                         Term Option Series that expire on                     Wednesday and that expire on the
                                                  Option Series Program, the Exchange                        Fridays. This means, under the                        Wednesday of the next business week.
                                                  may open for trading on any Thursday                       proposal, the Exchange would be                       If a Tuesday or Wednesday is not a
                                                  or Friday that is a business day series                    allowed to list five Short Term Option                business day, the series may be opened
                                                  of options on that class that expire on                    Series expirations for SPY expiring on
                                                  each of the next five consecutive                          Friday under the current rule and five                  5 Phlx may open for trading on any Thursday or
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Fridays, provided that such Friday is                      Wednesday SPY Expirations. The                        Friday that is a business day series of options on
                                                  not a Friday in which monthly options                      interval between strike prices for the                that class that expire on each of the next five
                                                  series or Quarterly Options Series expire                                                                        consecutive Fridays that are business days and are
                                                                                                             proposed Wednesday SPY Expirations                    not Fridays in which monthly options series or
                                                  (‘‘Short Term Option Series’’). The                                                                              Quarterly Options Series expire (‘‘Short Term
                                                  Exchange is now proposing to amend its                       3 SeePhlx Rule 1012 at Commentary .11.              Option Expiration Dates’’). See Phlx Rule 1012 at
                                                                                                               4 SeeSecurities Exchange Act Release No. 78668      Commentary .11.
                                                    1 15   U.S.C. 78s(b)(1).                                                                                         6 See Phlx Rule 1012 at Commentary .11.
                                                                                                             (SR–BOX–2016–28) (pending publication in the
                                                    2 17   CFR 240.19b–4.                                    Federal Register).                                      7 See proposed Rule 1000(44).




                                             VerDate Sep<11>2014      21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM   31AUN1


                                                  60076                       Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  (or shall expire) on the first business                  B. Self-Regulatory Organization’s                         SPY Expirations.15 The Exchange has
                                                  day immediately prior to that Tuesday                    Statement on Burden on Competition                        stated that waiver of the operative delay
                                                  or Wednesday. The Exchange believes                        The Exchange does not believe that                      will allow the Exchange to list and trade
                                                  that the introduction of Wednesday SPY                   the proposed rule change will impose                      Wednesday SPY Expirations as soon as
                                                  Expirations will provide investors with                  any burden on competition not                             possible, and therefore, promote
                                                  a flexible and valuable tool to manage                   necessary or appropriate in furtherance                   competition among the option
                                                  risk exposure, minimize capital outlays,                 of the purposes of the Act. The                           exchanges. For these reasons, the
                                                  and be more responsive to the timing of                  Exchange notes that having Wednesday                      Commission believes that the proposed
                                                  events affecting the industry.                           expirations is not a novel proposal, BOX                  rule change presents no novel issues
                                                                                                           has received approval to list Wednesday                   and that waiver of the 30-day operative
                                                  2. Statutory Basis                                                                                                 delay is consistent with the protection
                                                                                                           expirations for SPY options.11 The
                                                                                                           Exchange does not believe the proposal                    of investors and the public interest, and
                                                     The Exchange believes that its                                                                                  will allow the Exchange to remain
                                                  proposal is consistent with Section 6(b)                 will impose any burden on intra-market
                                                                                                                                                                     competitive with other exchanges.
                                                  of the Act,8 in general, and furthers the                competition, as all market participants
                                                                                                                                                                     Therefore, the Commission hereby
                                                  objectives of Section 6(b)(5) of the Act,9               will be treated in the same manner.
                                                                                                                                                                     waives the 30-day operative delay and
                                                  in particular, in that it is designed to                 Additionally, the Exchange does not
                                                                                                                                                                     designates the proposal effective upon
                                                  promote just and equitable principles of                 believe the proposal will impose any
                                                                                                                                                                     filing.16 At any time within 60 days of
                                                  trade, to foster cooperation and                         burden on inter-market competition, as
                                                                                                                                                                     the filing of the proposed rule change,
                                                  coordination with persons engaged in                     nothing prevents the other options
                                                                                                                                                                     the Commission summarily may
                                                  facilitating transactions in securities, to              exchanges from proposing similar rules.
                                                                                                                                                                     temporarily suspend such rule change if
                                                  remove impediments to and perfect the                    C. Self-Regulatory Organization’s                         it appears to the Commission that such
                                                  mechanism of a free and open market                      Statement on Comments on the                              action is necessary or appropriate in the
                                                  and a national market system, and, in                    Proposed Rule Change Received From                        public interest, for the protection of
                                                  general to protect investors and the                     Members, Participants, or Others                          investors, or otherwise in furtherance of
                                                  public interest.                                           No written comments were either                         the purposes of the Act. If the
                                                                                                           solicited or received.                                    Commission takes such action, the
                                                     In particular, the Exchange believes
                                                                                                                                                                     Commission shall institute proceedings
                                                  the Short Term Option Series Program                     III. Date of Effectiveness of the                         to determine whether the proposed rule
                                                  has been successful to date and that                     Proposed Rule Change and Timing for                       should be approved or disapproved.
                                                  Wednesday SPY Expirations simply                         Commission Action
                                                  expand the ability of investors to hedge                                                                           IV. Solicitation of Comments
                                                  risk against market movements                               Because the foregoing proposed rule
                                                                                                                                                                       Interested persons are invited to
                                                  stemming from economic releases or                       change does not: (i) Significantly affect
                                                                                                                                                                     submit written data, views, and
                                                  market events that occur throughout the                  the protection of investors or the public
                                                                                                                                                                     arguments concerning the foregoing,
                                                                                                           interest; (ii) impose any significant
                                                  month in the same way that the Short                                                                               including whether the proposed rule
                                                                                                           burden on competition; and (iii) become
                                                  Term Option Series Program has                                                                                     change is consistent with the Act.
                                                                                                           operative for 30 days from the date on
                                                  expanded the landscape of hedging.                                                                                 Comments may be submitted by any of
                                                                                                           which it was filed, or such shorter time
                                                  Similarly, the Exchange believes                                                                                   the following methods:
                                                                                                           as the Commission may designate, the
                                                  Wednesday SPY Expirations should                         proposed rule change has become                           Electronic Comments
                                                  create greater trading and hedging                       effective pursuant to Section 19(b)(3)(A)
                                                  opportunities and flexibility, and                                                                                   • Use the Commission’s Internet
                                                                                                           of the Act 12 and Rule 19b–4(f)(6)                        comment form (http://www.sec.gov/
                                                  provide customers with the ability to                    thereunder.13
                                                  more closely tailor their investment                                                                               rules/sro.shtml); or
                                                                                                              A proposed rule change filed under                       • Send an email to rule-comments@
                                                  objectives. The Exchange believes that                   Rule 19b–4(f)(6) normally does not                        sec.gov. Please include File Number SR–
                                                  allowing Wednesday SPY Expirations                       become operative for 30 days from the                     Phlx–2016–89 on the subject line.
                                                  and monthly SPY expirations in the                       date of filing. However, Rule 19b–
                                                  same week will benefit investors and                     4(f)(6)(iii) 14 permits the Commission to                 Paper Comments
                                                  minimize investor confusion by                           designate a shorter time if such action                     • Send paper comments in triplicate
                                                  providing Wednesday SPY Expirations                      is consistent with the protection of                      to Secretary, Securities and Exchange
                                                  in a continuous and uniform manner.                      investors and the public interest. The                    Commission, 100 F Street NE.,
                                                  Finally, the Exchange represents that it                 Exchange has asked the Commission to                      Washington, DC 20549–1090.
                                                  has an adequate surveillance program in                  waive the 30-day operative delay so that                  All submissions should refer to File
                                                  place to detect manipulative trading in                  the proposal may become operative                         Number SR–Phlx–2016–89. This file
                                                  Wednesday SPY Expirations in the same                    immediately upon filing. The                              number should be included on the
                                                  way it monitors trading in the current                   Commission notes that it recently                         subject line if email is used. To help the
                                                  Short Term Option Series. The                            approved BOX’s substantially similar                      Commission process and review your
                                                  Exchange also represents that it has the                 proposal to list and trade Wednesday                      comments more efficiently, please use
                                                  necessary systems capacity to support                                                                              only one method. The Commission will
                                                                                                             11 See  supra, note 4.
                                                  the new options series. Also, the                                                                                  post all comments on the Commission’s
                                                                                                             12 15  U.S.C. 78s(b)(3)(A).
                                                  Exchange notes that BOX Options                                                                                    Internet Web site (http://www.sec.gov/
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                              13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  Exchange LLC (‘‘BOX’’) recently                          4(f)(6) requires a self-regulatory organization to give   rules/sro.shtml). Copies of the
                                                  received approval to list Wednesday                      the Commission written notice of its intention to
                                                  expirations for SPY options.10                           file the proposed rule change at least five business        15 See supra note 4.
                                                                                                           days prior to the date of filing of the proposed rule       16 For purposes only of waiving the 30-day
                                                                                                           change, or such shorter time as designated by the         operative delay, the Commission has also
                                                    8 15 U.S.C. 78f(b).                                    Commission. The Exchange has satisfied this               considered the proposed rule’s impact on
                                                    9 15 U.S.C. 78f(b)(5).                                 requirement.                                              efficiency, competition, and capital formation. See
                                                    10 See supra, note 4.                                     14 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).



                                             VerDate Sep<11>2014    21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM         31AUN1


                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                    60077

                                                  submission, all subsequent                              comments on the proposed rule change                  Market Makers for contracts executed as
                                                  amendments, all written statements                      from interested persons.                              a PRIME Agency Order, Contra-side
                                                  with respect to the proposed rule                                                                             Order, Qualified Contingent Cross
                                                                                                          I. Self-Regulatory Organization’s
                                                  change that are filed with the                                                                                Order, PRIME Participating Quote or
                                                                                                          Statement of the Terms of Substance of
                                                  Commission, and all written                                                                                   Order, or a PRIME AOC Response in the
                                                                                                          the Proposed Rule Change
                                                  communications relating to the                                                                                PRIME Auction, unless it executes
                                                  proposed rule change between the                           The Exchange is filing a proposal to               against an unrelated order.
                                                  Commission and any person, other than                   amend the MIAX Options Fee Schedule                      (ii) an additional $0.12 per contract
                                                  those that may be withheld from the                     (the ‘‘Fee Schedule’’).                               Posted Liquidity Marketing Fee to all
                                                  public in accordance with the                              The text of the proposed rule change               Market Makers for any standard options
                                                  provisions of 5 U.S.C. 552, will be                     is available on the Exchange’s Web site               overlying EEM, GLD, IWM, QQQ, and
                                                  available for Web site viewing and                      at http://www.miaxoptions.com/filter/                 SPY that Market Makers execute in their
                                                  printing in the Commission’s Public                     wotitle/rule_filing, at MIAX’s principal              assigned class when the contra-party to
                                                  Reference Room, 100 F Street NE.,                       office, and at the Commission’s Public                the execution is a Priority Customer and
                                                  Washington, DC 20549, on official                       Reference Room.                                       the Priority Customer order was posted
                                                  business days between the hours of                      II. Self-Regulatory Organization’s                    on the MIAX Book at the time of the
                                                  10:00 a.m. and 3:00 p.m. Copies of the                  Statement of the Purpose of, and                      execution. MIAX will not assess the
                                                  filing also will be available for                       Statutory Basis for, the Proposed Rule                additional Posted Liquidity Marketing
                                                  inspection and copying at the principal                 Change                                                Fee to Market Makers for contracts
                                                  office of the Exchange. All comments                                                                          executed as a PRIME Agency Order,
                                                                                                             In its filing with the Commission, the             Contra-side Order, Qualified Contingent
                                                  received will be posted without change;
                                                                                                          Exchange included statements                          Cross Order, or a PRIME AOC Response
                                                  the Commission does not edit personal
                                                                                                          concerning the purpose of and basis for               or PRIME Participating Quote or Order
                                                  identifying information from
                                                                                                          the proposed rule change and discussed                in the PRIME Auction. MIAX will also
                                                  submissions. You should submit only
                                                                                                          any comments it received on the                       not assess the additional Posted
                                                  information that you wish to make
                                                                                                          proposed rule change. The text of these               Liquidity Marketing Fee to Market
                                                  available publicly. All submissions
                                                                                                          statements may be examined at the                     Makers for contracts executed pursuant
                                                  should refer to File Number SR–Phlx–
                                                                                                          places specified in Item IV below. The                to a Liquidity Refresh Pause, route
                                                  2016–89 and should be submitted on or
                                                                                                          Exchange has prepared summaries, set                  timer, or during the Opening Process.
                                                  before September 21, 2016.
                                                                                                          forth in sections A, B, and C below, of               This Posted Liquidity Marketing Fee is
                                                    For the Commission, by the Division of                the most significant aspects of such
                                                  Trading and Markets, pursuant to delegated                                                                    in addition to the current Marketing Fee
                                                                                                          statements.                                           of $0.25 per contract for standard
                                                  authority.17
                                                  Brent J. Fields,                                        A. Self-Regulatory Organization’s                     options overlying these enumerated
                                                  Secretary.                                              Statement of the Purpose of, and                      symbols that Market Makers execute in
                                                                                                          Statutory Basis for, the Proposed Rule                their assigned class when the contra-
                                                  [FR Doc. 2016–20960 Filed 8–30–16; 8:45 am]
                                                                                                          Change                                                party to the execution is a Priority
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                Customer.4
                                                                                                          1. Purpose                                               Funds collected via the Marketing
                                                                                                             The Exchange proposes to amend                     Fee, including the additional $0.12 per
                                                  SECURITIES AND EXCHANGE
                                                                                                          Section 1)b) of the Fee Schedule,                     contract Posted Liquidity Marketing
                                                  COMMISSION
                                                                                                          Marketing Fee, to add to the list of                  Fee, are put into ‘‘pools’’ controlled by
                                                                                                          symbols for which the Exchange                        Primary Lead Market Makers
                                                  [Release No. 34–78681; File No. SR–MIAX–                assesses a $0.12 per contract Posted                  (‘‘PLMMs’’) 5 and Lead Market Makers
                                                  2016–28]                                                Liquidity Marketing Fee. In addition to               (‘‘LMMs’’).6 So for example, the $0.12
                                                                                                          the current symbols listed in Section                 per contract Posted Liquidity Marketing
                                                  Self-Regulatory Organizations; Miami
                                                                                                          1)b), the Exchange is proposing to assess             Fee goes into the broader Marketing Fee
                                                  International Securities Exchange LLC;
                                                                                                          the Posted Liquidity Marketing Fee for                pool for the Directed LMM or the PLMM
                                                  Notice of Filing and Immediate
                                                                                                          contracts executed in DIA, FB, GDX,
                                                  Effectiveness of a Proposed Rule
                                                                                                          SLV, USO, UVXY, and VXX. The                            4 See Securities Exchange Act Release No. 73848
                                                  Change To Amend Its Fee Schedule                                                                              (December 16, 2014), 79 FR 76421 (December 22,
                                                                                                          Exchange also proposes to assess the
                                                                                                                                                                2014) (SR–MIAX–2014–62) (Notice of Filing and
                                                  August 25, 2016.                                        applicable per contract non-Market                    Immediate Effectiveness of MIAX Posted Liquidity
                                                                                                          Maker transaction fees for executions in              Marketing Fee with respect to EEM, GLD, IWM,
                                                     Pursuant to the provisions of Section
                                                                                                          these new symbols, as described more                  QQQ and SPY).
                                                  19(b)(1) of the Securities Exchange Act
                                                                                                          fully below.                                            5 The term ‘‘Primary Lead Market Maker’’ means
                                                  of 1934 (‘‘Act’’),1 and Rule 19b–4                         A Marketing Fee is assessed on                     a Lead Market Maker appointed by the Exchange to
                                                  thereunder,2 notice is hereby given that                certain transactions of all Market                    act as the Primary Lead Market Maker for the
                                                  on August 11, 2016, Miami International                                                                       purpose of making markets in securities traded on
                                                                                                          Makers.3 Currently, Section 1) b) of the              the Exchange. The Primary Lead Market Maker is
                                                  Securities Exchange LLC (‘‘MIAX’’ or                    Fee Schedule provides that the                        vested with the rights and responsibilities specified
                                                  ‘‘Exchange’’) filed with the Securities                 Exchange will assess:                                 in Chapter VI of these Rules with respect to Primary
                                                  and Exchange Commission                                    (i) A Marketing Fee to all Market                  Lead Market Makers. See Exchange Rule 100.
                                                  (‘‘Commission’’) a proposed rule change                 Makers for contracts, including mini
                                                                                                                                                                  6 The term ‘‘Lead Market Maker’’ means a

                                                                                                                                                                Member registered with the Exchange for the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  as described in Items I, II, and III below,             options, they execute in their assigned               purpose of making markets in securities traded on
                                                  which Items have been prepared by the                   classes when the contra-party to the                  the Exchange and that is vested with the rights and
                                                  Exchange. The Commission is                             execution is a Priority Customer. MIAX                responsibilities specified in Chapter VI of these
                                                  publishing this notice to solicit                       will not assess a Marketing Fee to
                                                                                                                                                                Rules with respect to Lead Market Makers. When
                                                                                                                                                                a Lead Market Maker is appointed to act in the
                                                                                                                                                                capacity of a Primary Lead Market Maker, the
                                                    17 17 CFR 200.30–3(a)(12).                              3 See MIAX Fee Schedule, Section 1)b), entitled     additional rights and responsibilities of a Primary
                                                    1 15 U.S.C. 78s(b)(1).                                ‘‘Marketing Fee’’ for more detail regarding the       Lead Market Maker specified in Chapter VI of these
                                                    2 17 CFR 240.19b–4.                                   Marketing Fee.                                        Rules will apply. See Exchange Rule 100.



                                             VerDate Sep<11>2014   21:59 Aug 30, 2016   Jkt 238001   PO 00000   Frm 00102   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM   31AUN1



Document Created: 2018-02-02 12:15:14
Document Modified: 2018-02-02 12:15:14
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 60074 

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