81_FR_60266 81 FR 60097 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 19.6, Series of Options Contracts Open for Trading, To Allow Wednesday Expirations for SPY Options

81 FR 60097 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 19.6, Series of Options Contracts Open for Trading, To Allow Wednesday Expirations for SPY Options

SECURITIES AND EXCHANGE COMMISSION

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

Page Range60097-60099
FR Document2016-20964

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60097-60099]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20964]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78697; File No. SR-BatsBZX-2016-53]


Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Rule 19.6, Series of Options Contracts Open for Trading, To Allow 
Wednesday Expirations for SPY Options

August 26, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on August 25, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or 
``BZX'') 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 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders it effective upon filing with the 
Commission. 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).
    \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

    The Exchange filed a proposal to amend Rule 19.6, entitled ``Series 
of Options Contracts Open for Trading,'' related to the Short Term 
Option Series (``STOS'') Program to allow Wednesday expirations for SPY 
options. The Exchange also proposes to make corresponding changes to 
Rule 16.1, entitled ``Definitions.'' The text of the proposed rule 
change is available at the Exchange's Web site at www.batstrading.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 parts of such 
statements.

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

1. Purpose
    The purpose of the proposed rule change is to harmonize the 
Exchange's rules with the rules governing Short Term Options Series 
programs of other options exchanges. Specifically, the Exchange 
proposes to amend Rule 19.6, entitled ``Series of Options Contracts 
Open for Trading,'' related to the STOS Program to allow Wednesday 
expirations for SPY options. The Exchange also proposes to make certain 
corresponding changes to 16.1, entitled ``Definitions.'' The proposed 
rule change is based on the recent approval of a filing submitted by 
the BOX Options Exchange LLC (``BOX'').\5\
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    \5\ See Securities and Exchange Act Release No. 78668 (August 
24, 2016) (SR-BOX-2016-28).
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    Currently, under the STOS 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 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'').\6\ The proposed Wednesday SPY 
Expiration series will be similar to the current Short Term Option 
Series, with certain exceptions, as explained in greater detail below. 
The Exchange notes that having Wednesday expirations is not a novel 
proposal. Specifically, the Chicago Board Options Exchange, 
Incorporated (``CBOE'') recently received approval to list Wednesday 
expirations for broad-based indexes.\7\
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    \6\ See proposed paragraph (g) of Interpretation and Policy .05 
to Rule 19.6.
    \7\ See Securities Exchange Act Release No. 76909 (January 14, 
2016), 81 FR 3512 (January 21, 2016) (SR-CBOE-2015-106).
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    In regards to Wednesday SPY Expirations, the Exchange is proposing 
to remove the current restriction preventing it 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. The Exchange is also proposing to 
clarify that the five series limit in the current Short Term Option 
Series Program Rule will not include any Wednesday SPY Expirations.\8\ 
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.
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    \8\ See proposed changes to Interpretation and Policy .05 to 
Rule 19.6.
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    Currently, for each Short Term Option Expiration Date,\9\ the 
Exchange is

[[Page 60098]]

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.\10\ 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. 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.
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    \9\ 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 that are business days and are not 
Fridays in which monthly options series or Quarterly Options Series 
expire (``Short Term Option Expiration Dates''). See Interpretation 
and Policy .05 to Rule 19.6.
    \10\ See current paragraph (a) of Interpretation and Policy .05 
to Rule 19.6.
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    The Exchange is also proposing to amend the definition of Short 
Term Option Series contained in Exchange Rule 16.1(a)(57) to make clear 
that STOS includes Wednesday expirations and to conform to BOX Rule 
100(a)(64). Specifically, the Exchange is amending the definition to 
expand Short Term Option Series to those listed on any Tuesday or 
Wednesday and that expire on the Wednesday of the next business week. 
If a Tuesday or Wednesday is not a business day, the series may be 
opened (or shall expire) on the first business day immediately prior to 
that Tuesday or Wednesday.
    The Exchange believes that the introduction of Wednesday SPY 
Expirations will provide investors with a flexible and valuable tool to 
manage risk exposure, minimize capital outlays, and be more responsive 
to the timing of events affecting the industry. The proposed rule 
change is a competitive proposal designed to enable the Exchange to 
compete equally and fairly with other options exchanges in satisfying 
high market demand for weekly options and continuing strong customer 
demand to use STOS to execute hedging and trading strategies.
2. Statutory Basis
    The rule changes proposed herein are consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\11\ Specifically, the 
proposed change is consistent with Section 6(b)(5) of the Act,\12\ 
because it is designed to promote just and equitable principles of 
trade, to remove impediments to, and perfect the mechanism of, a free 
and open market and, in general, to protect investors and the public 
interest. Additionally, the Exchange believes that the proposed rule 
change is consistent with the Section 6(b)(5) \13\ requirement that the 
rules of an exchange not be designed to permit unfair discrimination 
between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, with respect 
to intermarket competition, the Exchange believes the proposal is pro-
competitive and will allow the Exchange to compete more effectively 
with BOX, which has already adopted changes to its STOS programs that 
are substantially identical to the changes proposed by this filing.\14\ 
In addition to BOX, the Exchange expects that other options exchanges 
will file similar proposals to adopt the changes in order to provide 
Wednesday SPY Expirations.
---------------------------------------------------------------------------

    \14\ See supra note 5.
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    The Exchange does not believe the proposal will impose any burden 
on intramarket competition, as all market participants will be treated 
in the same manner as existing Short Term Option Series. The Exchange 
believes that the proposal will result in additional investment options 
and opportunities to achieve the investment objectives of market 
participants seeking efficient trading and hedging vehicles, to the 
benefit of investors, market participants, and the marketplace in 
general.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

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 
\15\ and Rule 19b-4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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.

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[[Page 60099]]

    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) \17\ 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.\18\ 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.\19\ 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.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ See supra note 5.
    \19\ 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-BatsBZX-2016-53 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-BatsBZX-2016-53. 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-BatsBZX-2016-53 and should 
be submitted on or before September 21, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-20964 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                                      60097

                                                    For the Commission, by the Division of                II. Self-Regulatory Organization’s                     detail below. The Exchange notes that
                                                  Trading and Markets, pursuant to delegated              Statement of the Purpose of, and                       having Wednesday expirations is not a
                                                  authority.16                                            Statutory Basis for, the Proposed Rule                 novel proposal. Specifically, the
                                                  Brent J. Fields,                                        Change                                                 Chicago Board Options Exchange,
                                                  Secretary.                                                In its filing with the Commission, the               Incorporated (‘‘CBOE’’) recently
                                                  [FR Doc. 2016–20959 Filed 8–30–16; 8:45 am]             Exchange included statements                           received approval to list Wednesday
                                                                                                                                                                 expirations for broad-based indexes.7
                                                  BILLING CODE 8011–01–P                                  concerning the purpose of and basis for
                                                                                                                                                                    In regards to Wednesday SPY
                                                                                                          the proposed rule change and discussed
                                                                                                                                                                 Expirations, the Exchange is proposing
                                                                                                          any comments it received on the
                                                  SECURITIES AND EXCHANGE                                                                                        to remove the current restriction
                                                                                                          proposed rule change. The text of these
                                                  COMMISSION                                                                                                     preventing it from listing Short Term
                                                                                                          statements may be examined at the
                                                                                                                                                                 Option Series that expire in the same
                                                                                                          places specified in Item IV below. The
                                                                                                                                                                 week in which monthly option series in
                                                  [Release No. 34–78697; File No. SR–                     Exchange has prepared summaries, set
                                                                                                                                                                 the same class expire. Specifically, the
                                                  BatsBZX–2016–53]                                        forth in Sections A, B, and C below, of
                                                                                                                                                                 Exchange will be allowed to list
                                                                                                          the most significant parts of such
                                                  Self-Regulatory Organizations; Bats                                                                            Wednesday SPY Expirations in the same
                                                                                                          statements.
                                                  BZX Exchange, Inc.; Notice of Filing                                                                           week in which monthly option series in
                                                  and Immediate Effectiveness of                          A. Self-Regulatory Organization’s                      SPY expire. The current restriction to
                                                  Proposed Rule Change To Amend Rule                      Statement of the Purpose of, and                       prohibit the expiration of monthly and
                                                  19.6, Series of Options Contracts Open                  Statutory Basis for, the Proposed Rule                 Short Term Option Series from expiring
                                                  for Trading, To Allow Wednesday                         Change                                                 on the same trading day is reasonable to
                                                  Expirations for SPY Options                                                                                    avoid investor confusion. This
                                                                                                          1. Purpose
                                                                                                                                                                 confusion will not apply with
                                                  August 26, 2016.                                           The purpose of the proposed rule                    Wednesday SPY Expirations and
                                                                                                          change is to harmonize the Exchange’s                  standard monthly options because they
                                                     Pursuant to Section 19(b)(1) of the
                                                                                                          rules with the rules governing Short                   will not expire on the same trading day,
                                                  Securities Exchange Act of 1934
                                                                                                          Term Options Series programs of other                  as standard monthly options do not
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          options exchanges. Specifically, the                   expire on Wednesdays. Additionally, it
                                                  notice is hereby given that, on August
                                                                                                          Exchange proposes to amend Rule 19.6,                  would lead to investor confusion if
                                                  25, 2016, Bats BZX Exchange, Inc. (the
                                                                                                          entitled ‘‘Series of Options Contracts                 Wednesday SPY Expirations were not
                                                  ‘‘Exchange’’ or ‘‘BZX’’) filed with the
                                                                                                          Open for Trading,’’ related to the STOS                listed for one week every month because
                                                  Securities and Exchange Commission
                                                                                                          Program to allow Wednesday                             there was a monthly SPY expiration on
                                                  (‘‘Commission’’) the proposed rule
                                                                                                          expirations for SPY options. The                       the Friday of that week.
                                                  change as described in Items I and II
                                                                                                          Exchange also proposes to make certain                    Under the proposed Wednesday SPY
                                                  below, which Items have been prepared
                                                                                                          corresponding changes to 16.1, entitled                Expirations, the Exchange may list up to
                                                  by the Exchange. The Exchange has
                                                                                                          ‘‘Definitions.’’ The proposed rule                     five consecutive Wednesday SPY
                                                  designated this proposal as a ‘‘non-
                                                                                                          change is based on the recent approval                 Expirations at one time. The Exchange
                                                  controversial’’ proposed rule change
                                                                                                          of a filing submitted by the BOX                       may have no more than a total of five
                                                  pursuant to Section 19(b)(3)(A) of the
                                                                                                          Options Exchange LLC (‘‘BOX’’).5                       Wednesday SPY Expirations listed. This
                                                  Act 3 and Rule 19b–4(f)(6) thereunder,4
                                                                                                             Currently, under the STOS Program,                  is the same listing procedure as Short
                                                  which renders it effective upon filing
                                                                                                          the Exchange may open for trading on                   Term Option Series that expire on
                                                  with the Commission. The Commission
                                                                                                          any Thursday or Friday that is a                       Fridays. The Exchange is also proposing
                                                  is publishing this notice to solicit
                                                                                                          business day series of options on that                 to clarify that the five series limit in the
                                                  comments on the proposed rule change
                                                                                                          class that expire on each of the next five             current Short Term Option Series
                                                  from interested persons.
                                                                                                          Fridays, provided that such Friday is                  Program Rule will not include any
                                                  I. Self-Regulatory Organization’s                       not a Friday in which monthly options                  Wednesday SPY Expirations.8 This
                                                  Statement of the Terms of Substance of                  series or Quarterly Options Series expire              means, under the proposal, the
                                                  the Proposed Rule Change                                (‘‘Short Term Option Series’’). The                    Exchange would be allowed to list five
                                                                                                          Exchange is now proposing to amend its                 Short Term Option Series expirations
                                                     The Exchange filed a proposal to                     rule to permit the listing of options                  for SPY expiring on Friday under the
                                                  amend Rule 19.6, entitled ‘‘Series of                   expiring on Wednesdays. Specifically,                  current rule and five Wednesday SPY
                                                  Options Contracts Open for Trading,’’                   the Exchange is proposing that it may                  Expirations. The interval between strike
                                                  related to the Short Term Option Series                 open for trading on any Tuesday or                     prices for the proposed Wednesday SPY
                                                  (‘‘STOS’’) Program to allow Wednesday                   Wednesday that is a business day, series               Expirations will be the same as those for
                                                  expirations for SPY options. The                        of options on the SPDR S&P 500 ETF                     the current Short Term Option Series.
                                                  Exchange also proposes to make                          Trust (‘‘SPY’’) to expire on any                       Specifically, the Wednesday SPY
                                                  corresponding changes to Rule 16.1,                     Wednesday of the month that is a                       Expirations will have $0.50 strike
                                                  entitled ‘‘Definitions.’’ The text of the               business day and is not a Wednesday in                 intervals.
                                                  proposed rule change is available at the                which Quarterly Options Series expire                     Currently, for each Short Term Option
                                                  Exchange’s Web site at                                  (‘‘Wednesday SPY Expirations’’).6 The                  Expiration Date,9 the Exchange is
                                                  www.batstrading.com, at the principal                   proposed Wednesday SPY Expiration
mstockstill on DSK3G9T082PROD with NOTICES




                                                  office of the Exchange, and at the                      series will be similar to the current                     7 See Securities Exchange Act Release No. 76909

                                                  Commission’s Public Reference Room.                     Short Term Option Series, with certain                 (January 14, 2016), 81 FR 3512 (January 21, 2016)
                                                                                                                                                                 (SR–CBOE–2015–106).
                                                                                                          exceptions, as explained in greater                       8 See proposed changes to Interpretation and
                                                    16 17 CFR 200.30–3(a)(12).                                                                                   Policy .05 to Rule 19.6.
                                                    1 15 U.S.C. 78s(b)(1).                                  5 See Securities and Exchange Act Release No.           9 The Exchange may open for trading on any
                                                    2 17 CFR 240.19b–4.
                                                                                                          78668 (August 24, 2016) (SR–BOX–2016–28).              Thursday or Friday that is a business day series of
                                                    3 15 U.S.C. 78s(b)(3)(A).                               6 See proposed paragraph (g) of Interpretation and   options on that class that expire on each of the next
                                                    4 17 CFR 240.19b–4(f)(6).                             Policy .05 to Rule 19.6.                                                                           Continued




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                                                  60098                       Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices

                                                  limited to opening thirty (30) series for               and be more responsive to the timing of                  necessary systems capacity to support
                                                  each expiration date for the specific                   events affecting the industry. The                       the new options series.
                                                  class. The thirty (30) series restriction               proposed rule change is a competitive
                                                                                                                                                                   B. Self-Regulatory Organization’s
                                                  does not include series that are open by                proposal designed to enable the
                                                                                                                                                                   Statement on Burden on Competition
                                                  other securities exchanges under their                  Exchange to compete equally and fairly
                                                  respective short term option rules; the                 with other options exchanges in                             The Exchange does not believe that
                                                  Exchange may list these additional                      satisfying high market demand for                        the proposed rule change will impose
                                                  series that are listed by other                         weekly options and continuing strong                     any burden on competition not
                                                  exchanges.10 The thirty (30) series                     customer demand to use STOS to                           necessary or appropriate in furtherance
                                                  restriction shall apply to Wednesday                    execute hedging and trading strategies.                  of the purposes of the Act. To the
                                                  SPY Expiration series as well. In                                                                                contrary, with respect to intermarket
                                                  addition, the Exchange will be able to                  2. Statutory Basis                                       competition, the Exchange believes the
                                                  list series that are listed by other                       The rule changes proposed herein are                  proposal is pro-competitive and will
                                                  exchanges, assuming they file similar                   consistent with the requirements of the                  allow the Exchange to compete more
                                                  rules with the Commission to list SPY                   Act and the rules and regulations                        effectively with BOX, which has already
                                                  options expiring on Wednesdays. As is                   thereunder that are applicable to a                      adopted changes to its STOS programs
                                                  the case with current Short Term Option                 national securities exchange, and, in                    that are substantially identical to the
                                                  Series, the Wednesday SPY Expiration                    particular, with the requirements of                     changes proposed by this filing.14 In
                                                  series will be P.M.-settled. The                        Section 6(b) of the Act.11 Specifically,                 addition to BOX, the Exchange expects
                                                  Exchange does not believe that any                                                                               that other options exchanges will file
                                                                                                          the proposed change is consistent with
                                                  market disruptions will be encountered                                                                           similar proposals to adopt the changes
                                                                                                          Section 6(b)(5) of the Act,12 because it
                                                  with the introduction of P.M.-settled                                                                            in order to provide Wednesday SPY
                                                                                                          is designed to promote just and
                                                  Wednesday SPY Expirations. The                                                                                   Expirations.
                                                                                                          equitable principles of trade, to remove                    The Exchange does not believe the
                                                  Exchange currently trades P.M.-settled                  impediments to, and perfect the
                                                  Short Term Option Series that expire                                                                             proposal will impose any burden on
                                                                                                          mechanism of, a free and open market                     intramarket competition, as all market
                                                  almost every Friday, which provide                      and, in general, to protect investors and
                                                  market participants a tool to hedge                                                                              participants will be treated in the same
                                                                                                          the public interest. Additionally, the                   manner as existing Short Term Option
                                                  special events and to reduce the                        Exchange believes that the proposed
                                                  premium cost of buying protection. The                                                                           Series. The Exchange believes that the
                                                                                                          rule change is consistent with the                       proposal will result in additional
                                                  Exchange seeks to introduce Wednesday                   Section 6(b)(5) 13 requirement that the
                                                  SPY Expirations to, among other things,                                                                          investment options and opportunities to
                                                                                                          rules of an exchange not be designed to                  achieve the investment objectives of
                                                  expand hedging tools available to                       permit unfair discrimination between
                                                  market participants and to continue the                                                                          market participants seeking efficient
                                                                                                          customers, issuers, brokers, or dealers.                 trading and hedging vehicles, to the
                                                  reduction of the premium cost of buying
                                                  protection. The Exchange believes that                     In particular, the Exchange believes                  benefit of investors, market participants,
                                                  Wednesday expirations, similar to                       the Short Term Option Series Program                     and the marketplace in general.
                                                  Friday expirations, would allow market                  has been successful to date and that
                                                                                                          Wednesday SPY Expirations simply                         C. Self-Regulatory Organization’s
                                                  participants to purchase an option based                                                                         Statement on Comments on the
                                                  on their timing as needed and allow                     expand the ability of investors to hedge
                                                                                                          risk against market movements                            Proposed Rule Change Received From
                                                  them to tailor their investment and                                                                              Members, Participants, or Others
                                                  hedging needs more effectively.                         stemming from economic releases or
                                                     The Exchange is also proposing to                    market events that occur throughout the                    The Exchange has not solicited, and
                                                  amend the definition of Short Term                      month in the same way that the Short                     does not intend to solicit, comments on
                                                  Option Series contained in Exchange                     Term Option Series Program has                           this proposed rule change. The
                                                  Rule 16.1(a)(57) to make clear that STOS                expanded the landscape of hedging.                       Exchange has not received any written
                                                  includes Wednesday expirations and to                   Similarly, the Exchange believes                         comments from members or other
                                                  conform to BOX Rule 100(a)(64).                         Wednesday SPY Expirations should                         interested parties.
                                                  Specifically, the Exchange is amending                  create greater trading and hedging
                                                                                                                                                                   III. Date of Effectiveness of the
                                                  the definition to expand Short Term                     opportunities and flexibility, and
                                                                                                                                                                   Proposed Rule Change and Timing for
                                                  Option Series to those listed on any                    provide customers with the ability to
                                                                                                                                                                   Commission Action
                                                  Tuesday or Wednesday and that expire                    more closely tailor their investment
                                                  on the Wednesday of the next business                   objectives. The Exchange believes that                      Because the foregoing proposed rule
                                                  week. If a Tuesday or Wednesday is not                  allowing Wednesday SPY Expirations                       change does not: (i) Significantly affect
                                                  a business day, the series may be                       and monthly SPY expirations in the                       the protection of investors or the public
                                                  opened (or shall expire) on the first                   same week will benefit investors and                     interest; (ii) impose any significant
                                                  business day immediately prior to that                  minimize investor confusion by                           burden on competition; and (iii) become
                                                  Tuesday or Wednesday.                                   providing Wednesday SPY Expirations                      operative for 30 days from the date on
                                                     The Exchange believes that the                       in a continuous and uniform manner.                      which it was filed, or such shorter time
                                                  introduction of Wednesday SPY                           Finally, the Exchange represents that it                 as the Commission may designate, the
                                                  Expirations will provide investors with                 has an adequate surveillance program in                  proposed rule change has become
                                                  a flexible and valuable tool to manage                  place to detect manipulative trading in                  effective pursuant to Section 19(b)(3)(A)
                                                                                                                                                                   of the Act 15 and Rule 19b–4(f)(6)
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                                                  risk exposure, minimize capital outlays,                Wednesday SPY Expirations in the same
                                                                                                          way it monitors trading in the current                   thereunder.16
                                                  five Fridays that are business days and are not         Short Term Option Series. The
                                                                                                                                                                     14 See  supra note 5.
                                                  Fridays in which monthly options series or              Exchange also represents that it has the
                                                  Quarterly Options Series expire (‘‘Short Term                                                                      15 15  U.S.C. 78s(b)(3)(A).
                                                  Option Expiration Dates’’). See Interpretation and                                                                  16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                            11 15    U.S.C. 78f(b).
                                                  Policy .05 to Rule 19.6.                                                                                         4(f)(6) requires a self-regulatory organization to give
                                                     10 See current paragraph (a) of Interpretation and     12 15    U.S.C. 78f(b)(5).                             the Commission written notice of its intention to
                                                  Policy .05 to Rule 19.6.                                  13 Id.                                                 file the proposed rule change at least five business



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                                                                              Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices                                             60099

                                                     A proposed rule change filed under                      • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                  Rule 19b–4(f)(6) normally does not                       sec.gov. Please include File Number SR–                COMMISSION
                                                  become operative for 30 days from the                    BatsBZX–2016–53 on the subject line.                   [Release No. 34–78675; File No. SR–OCC–
                                                  date of filing. However, Rule 19b–                                                                              2016–009]
                                                  4(f)(6)(iii) 17 permits the Commission to                Paper Comments
                                                  designate a shorter time if such action                    • Send paper comments in triplicate                  Self-Regulatory Organizations; the
                                                  is consistent with the protection of                                                                            Options Clearing Corporation; Notice
                                                                                                           to Secretary, Securities and Exchange
                                                  investors and the public interest. The                                                                          of Filing of Proposed Rule Change
                                                                                                           Commission, 100 F Street NE.,
                                                  Exchange has asked the Commission to                                                                            Concerning the Options Clearing
                                                  waive the 30-day operative delay so that                 Washington, DC 20549–1090.
                                                                                                                                                                  Corporation’s Escrow Deposit
                                                  the proposal may become operative                        All submissions should refer to File                   Program
                                                  immediately upon filing. The                             Number SR–BatsBZX–2016–53. This file
                                                  Commission notes that it recently                        number should be included on the                       August 25, 2016.
                                                  approved BOX’s substantially similar                     subject line if email is used. To help the                Pursuant to Section 19(b)(1) of the
                                                  proposal to list and trade Wednesday                     Commission process and review your                     Securities Exchange Act of 1934
                                                  SPY Expirations.18 The Exchange has                                                                             (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                           comments more efficiently, please use
                                                  stated that waiver of the operative delay                                                                       notice is hereby given that on August
                                                                                                           only one method. The Commission will
                                                  will allow the Exchange to list and trade                                                                       15, 2016, The Options Clearing
                                                                                                           post all comments on the Commission’s                  Corporation (‘‘OCC’’) filed with the
                                                  Wednesday SPY Expirations as soon as
                                                                                                           Internet Web site (http://www.sec.gov/                 Securities and Exchange Commission
                                                  possible, and therefore, promote
                                                  competition among the option                             rules/sro.shtml). Copies of the                        (‘‘Commission’’) the proposed rule
                                                  exchanges. For these reasons, the                        submission, all subsequent                             change as described in Items I, II and III
                                                  Commission believes that the proposed                    amendments, all written statements                     below, which Items have been prepared
                                                  rule change presents no novel issues                     with respect to the proposed rule                      by OCC. The Commission is publishing
                                                  and that waiver of the 30-day operative                  change that are filed with the                         this notice to solicit comments on the
                                                  delay is consistent with the protection                  Commission, and all written                            proposed rule change from interested
                                                  of investors and the public interest, and                communications relating to the                         persons.
                                                  will allow the Exchange to remain                        proposed rule change between the
                                                                                                                                                                  I. Clearing Agency’s Statement of the
                                                  competitive with other exchanges.                        Commission and any person, other than
                                                                                                                                                                  Terms of Substance of the Proposed
                                                  Therefore, the Commission hereby                         those that may be withheld from the
                                                                                                                                                                  Rule Change
                                                  waives the 30-day operative delay and                    public in accordance with the
                                                  designates the proposal effective upon                   provisions of 5 U.S.C. 552, will be                       The purpose of this proposed rule
                                                  filing.19 At any time within 60 days of                  available for Web site viewing and                     change by OCC is to improve the
                                                  the filing of the proposed rule change,                  printing in the Commission’s Public                    resiliency of OCC’s escrow deposit
                                                  the Commission summarily may                             Reference Room, 100 F Street NE.,                      program. OCC is proposing changes that
                                                  temporarily suspend such rule change if                  Washington, DC 20549, on official                      are designed to: (1) Increase OCC’s
                                                  it appears to the Commission that such                                                                          visibility into and control over collateral
                                                                                                           business days between the hours of
                                                  action is necessary or appropriate in the                                                                       deposits made under the escrow deposit
                                                                                                           10:00 a.m. and 3:00 p.m. Copies of the
                                                  public interest, for the protection of                                                                          program; (2) strengthen clearing
                                                                                                           filing also will be available for                      members’ rights to collateral in the
                                                  investors, or otherwise in furtherance of
                                                  the purposes of the Act. If the                          inspection and copying at the principal                escrow deposit program in the event of
                                                  Commission takes such action, the                        office of the Exchange. All comments                   a customer default to the clearing
                                                  Commission shall institute proceedings                   received will be posted without change;                member; (3) provide more specificity
                                                  to determine whether the proposed rule                   the Commission does not edit personal                  concerning the manner in which OCC or
                                                  should be approved or disapproved.                       identifying information from                           clearing members would take
                                                                                                           submissions. You should submit only                    possession of collateral in OCC’s escrow
                                                  IV. Solicitation of Comments                             information that you wish to make                      deposit program; and (4) improve the
                                                    Interested persons are invited to                      available publicly. All submissions                    readability of the rules governing OCC’s
                                                  submit written data, views and                           should refer to File Number SR–                        escrow deposit program by
                                                  arguments concerning the foregoing,                      BatsBZX–2016–53 and should be                          consolidating all such rules into a single
                                                  including whether the proposed rule                      submitted on or before September 21,                   location in OCC’s Rulebook.
                                                  change is consistent with the Act.                       2016.
                                                  Comments may be submitted by any of                                                                             II. Clearing Agency’s Statement of the
                                                  the following methods:                                     For the Commission, by the Division of               Purpose of, and Statutory Basis for, the
                                                                                                           Trading and Markets, pursuant to delegated             Proposed Rule Change
                                                  Electronic Comments                                      authority.20
                                                                                                                                                                     In its filing with the Commission,
                                                    • Use the Commission’s Internet                        Brent J. Fields,                                       OCC included statements concerning
                                                  comment form (http://www.sec.gov/                        Secretary.                                             the purpose of and basis for the
                                                  rules/sro.shtml); or                                     [FR Doc. 2016–20964 Filed 8–30–16; 8:45 am]            proposed rule change and discussed any
                                                                                                           BILLING CODE 8011–01–P                                 comments it received on the proposed
                                                  days prior to the date of filing of the proposed rule                                                           rule change. The text of these statements
                                                  change, or such shorter time as designated by the
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                                                  Commission. The Exchange has satisfied this                                                                     may be examined at the places specified
                                                  requirement.                                                                                                    in Item IV below. OCC has prepared
                                                     17 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                  summaries, set forth in sections (A), (B),
                                                     18 See supra note 5.
                                                                                                                                                                  and (C) below, of the most significant
                                                     19 For purposes only of waiving the 30-day
                                                                                                                                                                  aspects of these statements.
                                                  operative delay, the Commission has also
                                                  considered the proposed rule’s impact on
                                                                                                                                                                    1 15   U.S.C. 78s(b)(1).
                                                  efficiency, competition, and capital formation. See
                                                  15 U.S.C. 78c(f).                                          20 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2018-02-02 12:15:25
Document Modified: 2018-02-02 12:15:25
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 60097 

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