81_FR_60258 81 FR 60089 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program To Allow Wednesday Expirations for SPY Options

81 FR 60089 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program To Allow Wednesday Expirations for SPY Options

SECURITIES AND EXCHANGE COMMISSION

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

Page Range60089-60091
FR Document2016-20887

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60089-60091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20887]



[[Page 60089]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78686; File No. SR-CBOE-2016-062]


 Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change To Expand the Short Term Option Series Program To Allow 
Wednesday Expirations for SPY Options

August 25, 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 24, 2016, Chicago Board Options Exchange, Incorporated 
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
The Exchange filed the proposal as a ``non-controversial'' proposed 
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and 
Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    CBOE proposes to expand the Short Term Option Series Program to 
allow Wednesday expirations for SPDR S&P 500 ETF Trust (``SPY'') 
options. The text of the proposed rule change is available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission.

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 expand the Short Term Option Series 
Program outlined in Rule 5.5(d) to allow the listing and trading of SPY 
options with Wednesday expirations. This is a competitive filing based 
on a filing submitted by the BOX Options Exchange, LLC (``BOX''), which 
the Commission recently approved.\5\
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    \5\ See Securities Exchange Act Release No. 78668 (August 24, 
2016) (order approving SR-BOX-2016-028).
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    Currently, under the Short Term Option Series Program, which was 
made permanent in 2009,\6\ the Exchange may open for trading on any 
Thursday or Friday that is a business day series of options on that 
class that expire on each of the next five Fridays, provided that such 
Friday is not a Friday in which monthly options series or Quarterly 
Options Series expire (``Short Term Option Series''). The Exchange is 
now proposing to amend Rule 5.5(d) to permit the listing of SPY options 
expiring on Wednesdays. Specifically, CBOE is proposing that it may 
open for trading on any Tuesday or Wednesday that is a business day, 
series of SPY options that expire on any Wednesday of the month that is 
a business day and is not a Wednesday on which Quarterly Options Series 
expire (``Wednesday SPY Expirations'').\7\ The proposed Wednesday SPY 
Expiration series would be similar to the current Short Term Option 
Series, with certain exceptions, as explained in greater detailed 
below. The Exchange notes that Wednesday expirations are not a novel 
proposal. Specifically, the U.S. Securities and Exchange Commission 
(``Commission'') approved a CBOE proposal to list Wednesday expirations 
for broad-based indexes.\8\ Additionally, BOX recently received 
approval to list Wednesday SPY Expirations.\9\
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    \6\ See Securities Exchange Act Release No. 59824 (April 27, 
2009), 74 FR 20518 (May 4, 2009) (SR-CBOE-2009-018).
    \7\ See proposed amendment to Rule 5.5(d).
    \8\ See Securities Exchange Act Release No. 76909 (January 14, 
2016), 81 FR 3512 (January 21, 2016) (Order approving SR-CBOE-2015-
106).
    \9\ See supra note 5.
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    In regards to Wednesday SPY Expirations, the Exchange is proposing 
to remove the current restriction preventing CBOE 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 would 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 would not apply with Wednesday SPY 
Expirations and standard monthly options because they would 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. 
The existing restriction that a Short Term Option Series may not expire 
on the same day that a Quarterly Option Series expires would apply to 
Wednesday SPY Expirations.
    Under the proposal, CBOE may open for trading on any Tuesday or 
Wednesday that is a business day, series of SPY options that expire at 
the close of business on each of the next five Wednesdays that are 
business days and are not Wednesdays on which Quarterly Options Series 
expire. The Exchange may have no more than a total of five Wednesday 
SPY Expirations listed. This is similar to the listing procedures for 
Short Term Option Series that expire on Fridays. If the Exchange is not 
open for business on the respective Tuesday or Wednesday, the Wednesday 
SPY Expiration Opening Date will be the first business day immediately 
prior to that respective Tuesday or Wednesday. Similarly, if the 
Exchange is not open for business on a Wednesday, the expiration date 
for a Wednesday SPY Expiration will be the first business day 
immediately prior to that Wednesday. This is also similar to the 
procedures for Short Term Option Series that expire on Fridays.
    The Exchange is also proposing to clarify that the five expirations 
limit in the current Short Term Option Series Program Rule would not 
include any Wednesday SPY Expirations and vice versa.\10\ 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

[[Page 60090]]

interval between strike prices for the proposed Wednesday SPY 
Expirations would be the same as those for the current Short Term 
Option Series. Specifically, the Wednesday SPY Expirations would have 
$0.50 strike intervals.\11\
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    \10\ Specifically, the Exchange proposes to add the following 
new text to Rule 5.5(d) in relevant places, ``Wednesday SPY 
Expirations (described in the paragraph below) are not included as 
part of this count [ ]'' and ``Non-Wednesday SPY Expirations 
(described in the paragraph above) are not included as part of this 
count.''
    \11\ This is because SPY options have $1 strike price intervals 
for non-Short Term Option series. See Rule 5.5.08(b). Pursuant to 
Rule 5.5(d)(5)(ii), strike price intervals for Short Term Option 
Series may be $0.50 or greater for classes that trade in $1 strike 
price intervals for non-Short Term Option series. The Exchange is 
taking this opportunity to harmonize Rule 5.5(d)(5)(ii) with Rule 
5.5(d)(5)(i) and (iii) by adding the phrase ``or greater.'' This 
proposed change is non-substantive.
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    Currently, for each Short Term Option Expiration Date,\12\ 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 opened by other securities exchanges under 
their respective short term option rules; CBOE may list these 
additional series that are listed by other exchanges.\13\ The thirty 
(30) series restriction would apply to Wednesday SPY Expiration series 
as well. In addition, the Exchange would 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.
---------------------------------------------------------------------------

    \12\ CBOE may open for trading on any Thursday or Friday that is 
a business day series of options on that class that expire at the 
close of business on each of the next five Fridays that are business 
days and are not Fridays in which monthly options series or 
Quarterly Options Series expire (``Short Term Option Expiration 
Dates''). See Rule 5.5(d).
    \13\ See Rule 5.5(d)(1).
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    As is the case with current Short Term Option Series, the Wednesday 
SPY Expiration series would be P.M.-settled. The Exchange does not 
believe that any market disruptions would 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 proposing to amend Rule 1.1(bbb), which sets 
forth the definition of Short Term Option Series. The definition set 
forth in Rule 1.1(bbb) is redundant to the terms for Short Term Option 
Series set forth in Rule 5.5. As a result, the Exchange believes that 
amending Rule 1.1(bbb) by including an internal cross reference to Rule 
5.5(d) and by deleting redundant language would result in a less bulky 
definition and would make the Rulebook more user friendly.
    The Exchange is taking this opportunity to amend Rule 5.5(d) with 
respect to Exchange closures on Fridays that would otherwise be 
eligible as Short Term Option Expiration Dates. Specifically, the 
Exchange is cleaning up outdated language that previously tied listings 
to Fridays in the following business week, i.e., ``if the Exchange is 
not open for business on the Friday of the following business week . . 
. .'' Since Short Term Option Series may be listed out over five 
consecutive Fridays, the existing language is unnecessarily 
restrictive. Also, this proposed change harmonizes the Exchange's rule 
text with existing BOX rule text, i.e., ``if the [Exchange] is not open 
for business on a Friday . . .''
    The Exchange proposes to add the new rule text language regarding 
Wednesday SPY Expirations at the beginning of Rule 5.5(d), before the 
provisions governing classes, expiration, initial series, additional 
series, strike interval and delisting. The Exchange believes that 
placement of Wednesday SPY Expirations at the start of Rule 5.5(d) 
would make it apparent that the rest of Rule 5.5(d) applies to 
Wednesday SPY Expirations. To make this point clear, the Exchange 
proposes to add the sentence, ``References to `Short Term Option 
Series' below shall be read to include `Wednesday SPY Expirations,' 
except where indicated otherwise[ ]'' before the Arabic numbered 
paragraphs set forth in Rule 5.5(d).
    The Exchange believes that the introduction of Wednesday SPY 
Expirations would provide investors with a flexible and valuable tool 
to manage risk exposure, minimize capital outlays, and be more 
responsive to the timing of events affecting the industry.

2. Statutory Basis

    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\14\ Specifically, the Exchange believes the proposed rule change 
is consistent with the Section 6(b)(5) \15\ requirements that the rules 
of an exchange be designed to prevent fraudulent and manipulative acts 
and practices, to promote just and equitable principles of trade, to 
foster cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 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 would benefit investors and minimize 
investor confusion by providing Wednesday SPY Expirations in a 
continuous and uniform manner.
    In addition to the substantive proposal to permit Wednesday SPY 
Expirations, the Exchange is proposing to make two technical changes to 
the text of Rule 5.5(d). One proposed change is grammatical and the 
other is a cleanup change that would benefit investors because CBOE's 
Rulebook would have parallel structure and would be more user friendly.
    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. Finally, the Exchange also represents that it has 
the necessary systems capacity to support the new options series.

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change would impose 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange notes that it 
currently trades Wednesday expirations for certain

[[Page 60091]]

broad-based index options. As a result, having Wednesday expirations is 
not a novel proposal. Additionally, the current rule change is being 
proposed as a competitive response to a recently approved BOX filing. 
CBOE believes this proposed rule change is necessary to ensure fair 
competition among the options exchanges. Also, the Exchange does not 
believe the proposal would impose any burden on intramarket 
competition, as all market participants would be treated in the same 
manner as they are with respect to existing Short Term Option Series. 
Additionally, the Exchange does not believe the proposal would impose 
any burden on intermarket competition, as nothing prevents the other 
options exchanges from proposing similar rules to those that the 
Exchange is currently proposing.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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 
\16\ and Rule 19b-4(f)(6) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 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) \18\ 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.\19\ 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.\20\ 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.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ See supra note 5.
    \20\ 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-CBOE-2016-062 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-CBOE-2016-062. 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-CBOE-2016-062 and should be 
submitted on or before September 21, 2016.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20887 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                   60089

                                                  SECURITIES AND EXCHANGE                                  the most significant aspects of such                  series in the same class expire.
                                                  COMMISSION                                               statements.                                           Specifically, the Exchange would be
                                                                                                                                                                 allowed to list Wednesday SPY
                                                                                                           A. Self-Regulatory Organization’s
                                                  [Release No. 34–78686; File No. SR–CBOE–                                                                       Expirations in the same week in which
                                                                                                           Statement of the Purpose of, and
                                                  2016–062]                                                                                                      monthly option series in SPY expire.
                                                                                                           Statutory Basis for, the Proposed Rule
                                                                                                                                                                 The current restriction to prohibit the
                                                                                                           Change
                                                  Self-Regulatory Organizations;                                                                                 expiration of monthly and Short Term
                                                  Chicago Board Options Exchange,                          1. Purpose                                            Option Series from expiring on the same
                                                  Incorporated; Notice of Filing and                          The Exchange proposes to expand the                trading day is reasonable to avoid
                                                  Immediate Effectiveness of Proposed                      Short Term Option Series Program                      investor confusion. This confusion
                                                  Rule Change To Expand the Short                          outlined in Rule 5.5(d) to allow the                  would not apply with Wednesday SPY
                                                  Term Option Series Program To Allow                      listing and trading of SPY options with               Expirations and standard monthly
                                                  Wednesday Expirations for SPY                            Wednesday expirations. This is a                      options because they would not expire
                                                  Options                                                  competitive filing based on a filing                  on the same trading day, as standard
                                                                                                           submitted by the BOX Options                          monthly options do not expire on
                                                  August 25, 2016.                                                                                               Wednesdays. Additionally, it would
                                                     Pursuant to Section 19(b)(1) of the                   Exchange, LLC (‘‘BOX’’), which the
                                                                                                           Commission recently approved.5                        lead to investor confusion if Wednesday
                                                  Securities Exchange Act of 1934                                                                                SPY Expirations were not listed for one
                                                                                                              Currently, under the Short Term
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder, 2                                                                       week every month because there was a
                                                                                                           Option Series Program, which was made
                                                  notice is hereby given that, on August                                                                         monthly SPY expiration on the Friday
                                                                                                           permanent in 2009,6 the Exchange may
                                                  24, 2016, Chicago Board Options                                                                                of that week. The existing restriction
                                                                                                           open for trading on any Thursday or
                                                  Exchange, Incorporated (the ‘‘Exchange’’                 Friday that is a business day series of               that a Short Term Option Series may not
                                                  or ‘‘CBOE’’) filed with the Securities                   options on that class that expire on each             expire on the same day that a Quarterly
                                                  and Exchange Commission                                  of the next five Fridays, provided that               Option Series expires would apply to
                                                  (‘‘Commission’’) the proposed rule                       such Friday is not a Friday in which                  Wednesday SPY Expirations.
                                                  change as described in Items I and II                    monthly options series or Quarterly                      Under the proposal, CBOE may open
                                                  below, which Items have been prepared                    Options Series expire (‘‘Short Term                   for trading on any Tuesday or
                                                  by the Exchange. The Exchange filed the                  Option Series’’). The Exchange is now                 Wednesday that is a business day, series
                                                  proposal as a ‘‘non-controversial’’                      proposing to amend Rule 5.5(d) to                     of SPY options that expire at the close
                                                  proposed rule change pursuant to                         permit the listing of SPY options                     of business on each of the next five
                                                  Section 19(b)(3)(A)(iii) of the Act 3 and                expiring on Wednesdays. Specifically,                 Wednesdays that are business days and
                                                  Rule 19b–4(f)(6) thereunder.4 The                        CBOE is proposing that it may open for                are not Wednesdays on which Quarterly
                                                  Commission is publishing this notice to                  trading on any Tuesday or Wednesday                   Options Series expire. The Exchange
                                                  solicit comments on the proposed rule                    that is a business day, series of SPY                 may have no more than a total of five
                                                  change from interested persons.                          options that expire on any Wednesday                  Wednesday SPY Expirations listed. This
                                                                                                           of the month that is a business day and               is similar to the listing procedures for
                                                  I. Self-Regulatory Organization’s
                                                                                                           is not a Wednesday on which Quarterly                 Short Term Option Series that expire on
                                                  Statement of the Terms of Substance of
                                                                                                           Options Series expire (‘‘Wednesday SPY                Fridays. If the Exchange is not open for
                                                  the Proposed Rule Change                                                                                       business on the respective Tuesday or
                                                                                                           Expirations’’).7 The proposed
                                                    CBOE proposes to expand the Short                      Wednesday SPY Expiration series                       Wednesday, the Wednesday SPY
                                                  Term Option Series Program to allow                      would be similar to the current Short                 Expiration Opening Date will be the first
                                                  Wednesday expirations for SPDR S&P                       Term Option Series, with certain                      business day immediately prior to that
                                                  500 ETF Trust (‘‘SPY’’) options. The text                exceptions, as explained in greater                   respective Tuesday or Wednesday.
                                                  of the proposed rule change is available                 detailed below. The Exchange notes that               Similarly, if the Exchange is not open
                                                  on the Exchange’s Web site (http://                      Wednesday expirations are not a novel                 for business on a Wednesday, the
                                                  www.cboe.com/AboutCBOE/                                  proposal. Specifically, the U.S.                      expiration date for a Wednesday SPY
                                                  CBOELegalRegulatoryHome.aspx), at                        Securities and Exchange Commission                    Expiration will be the first business day
                                                  the Exchange’s Office of the Secretary,                  (‘‘Commission’’) approved a CBOE                      immediately prior to that Wednesday.
                                                  and at the Commission.                                   proposal to list Wednesday expirations                This is also similar to the procedures for
                                                                                                           for broad-based indexes.8 Additionally,               Short Term Option Series that expire on
                                                  II. Self-Regulatory Organization’s
                                                                                                           BOX recently received approval to list                Fridays.
                                                  Statement of the Purpose of, and                                                                                  The Exchange is also proposing to
                                                  Statutory Basis for, the Proposed Rule                   Wednesday SPY Expirations.9
                                                                                                              In regards to Wednesday SPY                        clarify that the five expirations limit in
                                                  Change                                                                                                         the current Short Term Option Series
                                                                                                           Expirations, the Exchange is proposing
                                                    In its filing with the Commission, the                 to remove the current restriction                     Program Rule would not include any
                                                  Exchange included statements                             preventing CBOE from listing Short                    Wednesday SPY Expirations and vice
                                                  concerning the purpose of and basis for                  Term Option Series that expire in the                 versa.10 This means, under the proposal,
                                                  the proposed rule change and discussed                   same week in which monthly option                     the Exchange would be allowed to list
                                                  any comments it received on the                                                                                five Short Term Option Series
                                                  proposed rule change. The text of these                     5 See Securities Exchange Act Release No. 78668    expirations for SPY expiring on Friday
                                                  statements may be examined at the                        (August 24, 2016) (order approving SR–BOX–2016–       under the current rule and five
mstockstill on DSK3G9T082PROD with NOTICES




                                                  places specified in Item IV below. The                   028).                                                 Wednesday SPY Expirations. The
                                                  Exchange has prepared summaries, set                        6 See Securities Exchange Act Release No. 59824

                                                  forth in sections A, B, and C below, of                  (April 27, 2009), 74 FR 20518 (May 4, 2009) (SR–        10 Specifically, the Exchange proposes to add the
                                                                                                           CBOE–2009–018).                                       following new text to Rule 5.5(d) in relevant places,
                                                                                                              7 See proposed amendment to Rule 5.5(d).
                                                    1 15
                                                                                                                                                                 ‘‘Wednesday SPY Expirations (described in the
                                                         U.S.C. 78s(b)(1).                                    8 See Securities Exchange Act Release No. 76909
                                                                                                                                                                 paragraph below) are not included as part of this
                                                    2 17 CFR 240.19b–4.                                    (January 14, 2016), 81 FR 3512 (January 21, 2016)     count [ ]’’ and ‘‘Non-Wednesday SPY Expirations
                                                    3 15 U.S.C. 78s(b)(3)(A)(iii).                         (Order approving SR–CBOE–2015–106).                   (described in the paragraph above) are not included
                                                    4 17 CFR 240.19b–4(f)(6).                                 9 See supra note 5.                                as part of this count.’’



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                                                  60090                       Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  interval between strike prices for the                  the definition of Short Term Option                     6(b)(5) 15 requirements that the rules of
                                                  proposed Wednesday SPY Expirations                      Series. The definition set forth in Rule                an exchange be designed to prevent
                                                  would be the same as those for the                      1.1(bbb) is redundant to the terms for                  fraudulent and manipulative acts and
                                                  current Short Term Option Series.                       Short Term Option Series set forth in                   practices, to promote just and equitable
                                                  Specifically, the Wednesday SPY                         Rule 5.5. As a result, the Exchange                     principles of trade, to foster cooperation
                                                  Expirations would have $0.50 strike                     believes that amending Rule 1.1(bbb) by                 and coordination with persons engaged
                                                  intervals.11                                            including an internal cross reference to                in regulating, clearing, settling,
                                                     Currently, for each Short Term Option                Rule 5.5(d) and by deleting redundant                   processing information with respect to,
                                                  Expiration Date,12 the Exchange is                      language would result in a less bulky                   and facilitating transactions in
                                                  limited to opening thirty (30) series for               definition and would make the                           securities, to remove impediments to
                                                  each expiration date for the specific                   Rulebook more user friendly.                            and perfect the mechanism of a free and
                                                  class. The thirty (30) series restriction                  The Exchange is taking this                          open market and a national market
                                                  does not include series that are opened                 opportunity to amend Rule 5.5(d) with                   system, and, in general, to protect
                                                  by other securities exchanges under                     respect to Exchange closures on Fridays                 investors and the public interest.
                                                  their respective short term option rules;               that would otherwise be eligible as                        In particular, the Exchange believes
                                                  CBOE may list these additional series                   Short Term Option Expiration Dates.                     the Short Term Option Series Program
                                                  that are listed by other exchanges.13 The               Specifically, the Exchange is cleaning                  has been successful to date and that
                                                  thirty (30) series restriction would apply              up outdated language that previously                    Wednesday SPY Expirations simply
                                                  to Wednesday SPY Expiration series as                   tied listings to Fridays in the following               expand the ability of investors to hedge
                                                  well. In addition, the Exchange would                   business week, i.e., ‘‘if the Exchange is               risk against market movements
                                                  be able to list series that are listed by               not open for business on the Friday of                  stemming from economic releases or
                                                  other exchanges, assuming they file                     the following business week . . . .’’                   market events that occur throughout the
                                                  similar rules with the Commission to                    Since Short Term Option Series may be                   month in the same way that the Short
                                                  list SPY options expiring on                            listed out over five consecutive Fridays,               Term Option Series Program has
                                                  Wednesdays.                                             the existing language is unnecessarily                  expanded the landscape of hedging.
                                                     As is the case with current Short                    restrictive. Also, this proposed change                 Similarly, the Exchange believes
                                                  Term Option Series, the Wednesday                       harmonizes the Exchange’s rule text                     Wednesday SPY Expirations should
                                                  SPY Expiration series would be P.M.-                                                                            create greater trading and hedging
                                                                                                          with existing BOX rule text, i.e., ‘‘if the
                                                  settled. The Exchange does not believe                                                                          opportunities and flexibility, and
                                                                                                          [Exchange] is not open for business on
                                                  that any market disruptions would be                                                                            provide customers with the ability to
                                                                                                          a Friday . . .’’
                                                  encountered with the introduction of                                                                            more closely tailor their investment
                                                                                                             The Exchange proposes to add the
                                                  P.M.-settled Wednesday SPY                                                                                      objectives. The Exchange believes that
                                                  Expirations. The Exchange currently                     new rule text language regarding
                                                                                                                                                                  allowing Wednesday SPY Expirations
                                                  trades P.M.-settled Short Term Option                   Wednesday SPY Expirations at the
                                                                                                                                                                  and monthly SPY expirations in the
                                                  Series that expire almost every Friday,                 beginning of Rule 5.5(d), before the
                                                                                                                                                                  same week would benefit investors and
                                                  which provide market participants a                     provisions governing classes, expiration,
                                                                                                                                                                  minimize investor confusion by
                                                  tool to hedge special events and to                     initial series, additional series, strike
                                                                                                                                                                  providing Wednesday SPY Expirations
                                                  reduce the premium cost of buying                       interval and delisting. The Exchange
                                                                                                                                                                  in a continuous and uniform manner.
                                                  protection. The Exchange seeks to                       believes that placement of Wednesday                       In addition to the substantive
                                                  introduce Wednesday SPY Expirations                     SPY Expirations at the start of Rule                    proposal to permit Wednesday SPY
                                                  to, among other things, expand hedging                  5.5(d) would make it apparent that the                  Expirations, the Exchange is proposing
                                                  tools available to market participants                  rest of Rule 5.5(d) applies to Wednesday                to make two technical changes to the
                                                  and to continue the reduction of the                    SPY Expirations. To make this point                     text of Rule 5.5(d). One proposed
                                                  premium cost of buying protection. The                  clear, the Exchange proposes to add the                 change is grammatical and the other is
                                                  Exchange believes that Wednesday                        sentence, ‘‘References to ‘Short Term                   a cleanup change that would benefit
                                                  expirations, similar to Friday                          Option Series’ below shall be read to                   investors because CBOE’s Rulebook
                                                  expirations, would allow market                         include ‘Wednesday SPY Expirations,’                    would have parallel structure and
                                                  participants to purchase an option based                except where indicated otherwise[ ]’’                   would be more user friendly.
                                                  on their timing as needed and allow                     before the Arabic numbered paragraphs                      The Exchange represents that it has an
                                                  them to tailor their investment and                     set forth in Rule 5.5(d).                               adequate surveillance program in place
                                                  hedging needs more effectively.                            The Exchange believes that the                       to detect manipulative trading in
                                                     The Exchange is also proposing to                    introduction of Wednesday SPY                           Wednesday SPY Expirations in the same
                                                  amend Rule 1.1(bbb), which sets forth                   Expirations would provide investors                     way it monitors trading in the current
                                                                                                          with a flexible and valuable tool to                    Short Term Option Series. Finally, the
                                                     11 This is because SPY options have $1 strike        manage risk exposure, minimize capital                  Exchange also represents that it has the
                                                  price intervals for non-Short Term Option series.       outlays, and be more responsive to the                  necessary systems capacity to support
                                                  See Rule 5.5.08(b). Pursuant to Rule 5.5(d)(5)(ii),     timing of events affecting the industry.
                                                  strike price intervals for Short Term Option Series                                                             the new options series.
                                                  may be $0.50 or greater for classes that trade in $1    2. Statutory Basis                                      B. Self-Regulatory Organization’s
                                                  strike price intervals for non-Short Term Option
                                                  series. The Exchange is taking this opportunity to        The Exchange believes the proposed                    Statement on Burden on Competition
                                                  harmonize Rule 5.5(d)(5)(ii) with Rule 5.5(d)(5)(i)     rule change is consistent with the Act                    CBOE does not believe that the
                                                  and (iii) by adding the phrase ‘‘or greater.’’ This     and the rules and regulations                           proposed rule change would impose any
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                                                  proposed change is non-substantive.
                                                     12 CBOE may open for trading on any Thursday         thereunder applicable to the Exchange                   burden on competition that is not
                                                  or Friday that is a business day series of options on   and, in particular, the requirements of                 necessary or appropriate in furtherance
                                                  that class that expire at the close of business on      Section 6(b) of the Act.14 Specifically,                of the purposes of the Act. The
                                                  each of the next five Fridays that are business days    the Exchange believes the proposed rule
                                                  and are not Fridays in which monthly options
                                                                                                                                                                  Exchange notes that it currently trades
                                                  series or Quarterly Options Series expire (‘‘Short
                                                                                                          change is consistent with the Section                   Wednesday expirations for certain
                                                  Term Option Expiration Dates’’). See Rule 5.5(d).
                                                     13 See Rule 5.5(d)(1).                                 14 15   U.S.C. 78f(b).                                  15 15   U.S.C. 78f(b)(5).



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                                                                              Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                  60091

                                                  broad-based index options. As a result,                   proposal to list and trade Wednesday                  rules/sro.shtml). Copies of the
                                                  having Wednesday expirations is not a                     SPY Expirations.19 The Exchange has                   submission, all subsequent
                                                  novel proposal. Additionally, the                         stated that waiver of the operative delay             amendments, all written statements
                                                  current rule change is being proposed as                  will allow the Exchange to list and trade             with respect to the proposed rule
                                                  a competitive response to a recently                      Wednesday SPY Expirations as soon as                  change that are filed with the
                                                  approved BOX filing. CBOE believes                        possible, and therefore, promote                      Commission, and all written
                                                  this proposed rule change is necessary                    competition among the option                          communications relating to the
                                                  to ensure fair competition among the                      exchanges. For these reasons, the                     proposed rule change between the
                                                  options exchanges. Also, the Exchange                     Commission believes that the proposed                 Commission and any person, other than
                                                  does not believe the proposal would                       rule change presents no novel issues                  those that may be withheld from the
                                                  impose any burden on intramarket                          and that waiver of the 30-day operative               public in accordance with the
                                                  competition, as all market participants                   delay is consistent with the protection               provisions of 5 U.S.C. 552, will be
                                                  would be treated in the same manner as                    of investors and the public interest, and             available for Web site viewing and
                                                  they are with respect to existing Short                   will allow the Exchange to remain                     printing in the Commission’s Public
                                                  Term Option Series. Additionally, the                     competitive with other exchanges.                     Reference Room, 100 F Street NE.,
                                                  Exchange does not believe the proposal                    Therefore, the Commission hereby                      Washington, DC 20549, on official
                                                  would impose any burden on                                waives the 30-day operative delay and                 business days between the hours of
                                                  intermarket competition, as nothing                       designates the proposal effective upon                10:00 a.m. and 3:00 p.m. Copies of the
                                                  prevents the other options exchanges                      filing.20 At any time within 60 days of               filing also will be available for
                                                  from proposing similar rules to those                     the filing of the proposed rule change,               inspection and copying at the principal
                                                  that the Exchange is currently                            the Commission summarily may                          office of the Exchange. All comments
                                                  proposing.                                                temporarily suspend such rule change if               received will be posted without change;
                                                                                                            it appears to the Commission that such                the Commission does not edit personal
                                                  C. Self-Regulatory Organization’s
                                                                                                            action is necessary or appropriate in the             identifying information from
                                                  Statement on Comments on the
                                                                                                            public interest, for the protection of                submissions. You should submit only
                                                  Proposed Rule Change Received From
                                                                                                            investors, or otherwise in furtherance of             information that you wish to make
                                                  Members, Participants, or Others
                                                                                                            the purposes of the Act. If the                       available publicly. All submissions
                                                    The Exchange neither solicited nor                      Commission takes such action, the                     should refer to File Number SR–CBOE–
                                                  received comments on the proposed                         Commission shall institute proceedings                2016–062 and should be submitted on
                                                  rule change.                                              to determine whether the proposed rule                or before September 21, 2016.
                                                  III. Date of Effectiveness of the                         should be approved or disapproved.                      For the Commission, by the Division of
                                                  Proposed Rule Change and Timing for                       IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                  Commission Action                                                                                               authority.21
                                                                                                              Interested persons are invited to                   Robert W. Errett,
                                                     Because the foregoing proposed rule                    submit written data, views and
                                                  change does not: (i) Significantly affect                                                                       Deputy Secretary.
                                                                                                            arguments concerning the foregoing,
                                                  the protection of investors or the public                                                                       [FR Doc. 2016–20887 Filed 8–30–16; 8:45 am]
                                                                                                            including whether the proposed rule
                                                  interest; (ii) impose any significant                     change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                  burden on competition; and (iii) become                   Comments may be submitted by any of
                                                  operative for 30 days from the date on                    the following methods:
                                                  which it was filed, or such shorter time                                                                        SECURITIES AND EXCHANGE
                                                  as the Commission may designate, the                      Electronic Comments                                   COMMISSION
                                                  proposed rule change has become                             • Use the Commission’s Internet                     [Release No. 34–78674; File No. SR–
                                                  effective pursuant to Section 19(b)(3)(A)                 comment form (http://www.sec.gov/                     NYSEArca–2016–116]
                                                  of the Act 16 and Rule 19b–4(f)(6)                        rules/sro.shtml); or
                                                  thereunder.17                                               • Send an email to rule-comments@                   Self-Regulatory Organizations; NYSE
                                                     A proposed rule change filed under                     sec.gov. Please include File Number SR–               Arca, Inc.; Notice of Filing and
                                                  Rule 19b–4(f)(6) normally does not                        CBOE–2016–062 on the subject line.                    Immediate Effectiveness of Proposed
                                                  become operative for 30 days from the                                                                           Rule Change Amending NYSE Arca
                                                  date of filing. However, Rule 19b–                        Paper Comments                                        Equities Rule 5.3(i)(3) To Amend the
                                                  4(f)(6)(iii) 18 permits the Commission to                   • Send paper comments in triplicate                 Requirements for the Dissemination of
                                                  designate a shorter time if such action                   to Secretary, Securities and Exchange                 News in Compliance With the
                                                  is consistent with the protection of                      Commission, 100 F Street NE.,                         Exchange’s Immediate Release Policy
                                                  investors and the public interest. The                    Washington, DC 20549–1090.
                                                                                                                                                                  August 25, 2016.
                                                  Exchange has asked the Commission to                      All submissions should refer to File                     Pursuant to Section 19(b)(1) 1 of the
                                                  waive the 30-day operative delay so that                  Number SR–CBOE–2016–062. This file                    Securities Exchange Act of 1934
                                                  the proposal may become operative                         number should be included on the                      (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                  immediately upon filing. The                              subject line if email is used. To help the            notice is hereby given that, on August
                                                  Commission notes that it recently                         Commission process and review your                    12, 2016, NYSE Arca, Inc. (the
                                                  approved BOX’s substantially similar                      comments more efficiently, please use                 ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                                                                            only one method. The Commission will                  the Securities and Exchange
                                                    16 15  U.S.C. 78s(b)(3)(A).                             post all comments on the Commission’s
mstockstill on DSK3G9T082PROD with NOTICES




                                                    17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                            Commission (‘‘Commission’’) the
                                                                                                            Internet Web site (http://www.sec.gov/                proposed rule change as described in
                                                  4(f)(6) requires a self-regulatory organization to give
                                                  the Commission written notice of its intention to                                                               Items I and II below, which Items have
                                                                                                              19 See supra note 5.
                                                  file the proposed rule change at least five business
                                                  days prior to the date of filing of the proposed rule       20 For purposes only of waiving the 30-day            21 17 CFR 200.30–3(a)(12).
                                                  change, or such shorter time as designated by the         operative delay, the Commission has also
                                                                                                                                                                    1 15 U.S.C. 78s(b)(1).
                                                  Commission. The Exchange has satisfied this               considered the proposed rule’s impact on
                                                  requirement.                                                                                                      2 15 U.S.C. 78a.
                                                                                                            efficiency, competition, and capital formation. See
                                                     18 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       3 17 CFR 240.19b–4.




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Document Created: 2018-02-02 12:15:29
Document Modified: 2018-02-02 12:15:29
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 60089 

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