82_FR_30085 82 FR 29960 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend a Pilot Program That Eliminates Position and Exercise Limits for Physically-Settled SPDR S&P 500 ETF Trust (“SPY”) Options

82 FR 29960 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend a Pilot Program That Eliminates Position and Exercise Limits for Physically-Settled SPDR S&P 500 ETF Trust (“SPY”) Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29960-29962
FR Document2017-13702

Federal Register, Volume 82 Issue 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29960-29962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13702]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81017; File No. SR-CBOE-2017-050]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Extend a Pilot Program That Eliminates Position 
and Exercise Limits for Physically-Settled SPDR S&P 500 ETF Trust 
(``SPY'') Options

June 26, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on June 22, 2017, 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to extend the operation of a pilot program 
that eliminates position and exercise limits for physically-settled SPY 
options (``SPY Pilot Program''). The text of the proposed rule change 
is provided below.
    (additions are italicized; deletions are [bracketed])
* * * * *

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 4.11. Position Limits

    No changes.
    . . . Interpretations and Policies:
    .01-.06 No change.
    .07 The position limits under Rule 4.11 applicable to options on 
shares or other securities that represent interests in registered 
investment companies (or series thereof) organized as open-end 
management investment companies, unit investment trusts or similar 
entities that satisfy the criteria set forth in Interpretation and 
Policy .06 under Rule 5.3 shall be the same as the position limits 
applicable to equity options under Rule 4.11 and Interpretations and 
Policies thereunder; except that the position limits under Rule 4.11 
applicable to option contracts on the securities listed in the below 
chart are as follows:

------------------------------------------------------------------------
        Security underlying option                 Position limit
------------------------------------------------------------------------
The DIAMONDS Trust (DIA).................  300,000 contracts.
The Standard and Poor's Depositary         None.
 Receipt Trust (SPY).
The iShares Russell 2000 Index Fund (IWM)  500,000 contracts.
The PowerShares QQQ Trust (QQQ)..........  900,000 contracts.
The iShares MSCI Emerging Markets Index    500,000 contracts.
 Fund (EEM).
------------------------------------------------------------------------

    Position limits for SPY options are subject to a pilot program 
through [July 12, 2017] July 12, 2018.
    .08 No change.
* * * * *
    The text of the proposed rule change is also 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's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to amend Interpretation and Policy .07 to 
Rule 4.11 (Position Limits) to extend the

[[Page 29961]]

duration of the SPY Pilot Program.\5\ The SPY Pilot Program is 
currently scheduled to expire on July 12, 2017, and this proposal would 
extend the SPY Pilot Program through July 12, 2018. There are no 
substantive changes being proposed to the SPY Pilot Program.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 67937 (September 
27, 2012), 77 FR 60489 (October 3, 2012) (SR-CBOE-2012-091); 70878 
(November 14, 2013), 78 FR 69737 (November 20, 2013) (SR-CBOE-2013-
106); 74149 (January 27, 2015) 80 FR 5606 (February 2, 2015) (SR-
CBOE-2015-008); 75381 (July 7, 2015) 80 FR 40111 (July 13, 2015) 
(SR-CBOE-2015-065); and 78131 (June 22, 2016) 81 FR 42011 (June 28, 
2016) (SR-CBOE-2016-052).
---------------------------------------------------------------------------

    In proposing to extend the SPY Pilot Program, the Exchange 
reaffirms its consideration of several factors that supported its 
original proposal to establish the SPY Pilot Program, which include: 
(1) The liquidity of the option and the underlying security; (2) the 
market capitalization of the underlying security and the securities 
that make up the S&P 500 Index; (3) options reporting requirements; and 
(4) financial requirements imposed by CBOE and the Commission. When the 
SPY Pilot Program was most recently renewed in July 2016, CBOE 
submitted a report providing an analysis of the SPY Pilot Program 
during the period June 2015 through April 2016 (the ``Pilot Report''). 
In the July 2016 extension, the Exchange stated that if it were to 
submit a proposal to either extend the SPY Pilot Program, adopt the SPY 
Pilot Program on a permanent basis, or terminate the SPY Pilot Program, 
it would submit another Pilot Report covering the period since the 
previous extension.\6\ Accordingly, the Exchange is submitting another 
Pilot Report that details CBOE's experience with the SPY Pilot Program. 
The Pilot Report now includes the period of May 2016 through April 
2017. The Pilot Report is attached as Exhibit 3 [sic]. CBOE notes that 
it is unaware of any problems created by the SPY Pilot Program and does 
not foresee any as a result of the proposed extension. In extending the 
SPY Pilot Program, the Exchange states that if CBOE were to propose 
another extension, permanent approval or termination of the SPY Pilot 
Program, the Exchange will submit another Pilot Report covering the 
period since the previous extension, which will be submitted at least 
30 days before the end of the proposed extension. If the SPY Pilot 
Program is not extended or adopted on a permanent basis by July 12, 
2018, position limits in SPY will revert to their Pre-Pilot levels.
---------------------------------------------------------------------------

    \6\ See 81 FR at 42011.
---------------------------------------------------------------------------

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.\7\ Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \8\ 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 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. Specifically, the Exchange believes that extending the 
SPY Pilot Program promotes just and equitable principles of trade by 
permitting market participants, including market makers, institutional 
investors and retail investors, to establish greater positions when 
pursuing their investment goals and needs. Extending the SPY Pilot 
Program will give the Exchange and the Commission additional time to 
evaluate the pilot and its effect on the market.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
not designed to address any aspect of competition, whether between the 
Exchange and its competitors, or among market participants. Instead, 
the proposed rule change is designed to allow the SPY Pilot Program to 
continue as the Exchange expects other SROs will propose similar 
extensions.

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, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ 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, noting 
that such waiver will allow the Exchange to extend the pilot program 
prior to its expiration on July 12, 2017. In addition, the Exchange 
believes that waiver of the operative delay is consistent with the 
protection of investors and the public interest because it will allow 
for the least amount of market disruption as the pilot will continue as 
it currently does maintaining the status quo. The Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest. Therefore, the 
Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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.

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:

[[Page 29962]]

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-2017-050 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2017-050. 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 such 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-2017-050, and should be 
submitted on or before July 21, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13702 Filed 6-29-17; 8:45 am]
BILLING CODE 8011-01-P



                                                  29960                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                  Commission, 100 F Street NE.,                                       For the Commission, by the Division of                       solicit comments on the proposed rule
                                                  Washington, DC 20549–1090.                                        Trading and Markets, pursuant to delegated                     change from interested persons.
                                                                                                                    authority.19
                                                  All submissions should refer to File                              Robert W. Errett,                                              I. Self-Regulatory Organization’s
                                                  Number SR–FINRA–2017–023. This file                               Deputy Secretary.
                                                                                                                                                                                   Statement of the Terms of the Substance
                                                  number should be included on the                                                                                                 of the Proposed Rule Change
                                                                                                                    [FR Doc. 2017–13703 Filed 6–29–17; 8:45 am]
                                                  subject line if email is used. To help the                                                                                          The Exchange proposes to extend the
                                                                                                                    BILLING CODE 8011–01–P
                                                  Commission process and review your                                                                                               operation of a pilot program that
                                                  comments more efficiently, please use                                                                                            eliminates position and exercise limits
                                                  only one method. The Commission will                              SECURITIES AND EXCHANGE                                        for physically-settled SPY options
                                                  post all comments on the Commission’s                             COMMISSION                                                     (‘‘SPY Pilot Program’’). The text of the
                                                  Internet Web site (http://www.sec.gov/                                                                                           proposed rule change is provided
                                                  rules/sro.shtml). Copies of the                                   [Release No. 34–81017; File No. SR–CBOE–                       below.
                                                  submission, all subsequent                                        2017–050]
                                                                                                                                                                                      (additions are italicized; deletions are
                                                  amendments, all written statements                                                                                               [bracketed])
                                                  with respect to the proposed rule                                 Self-Regulatory Organizations;
                                                                                                                    Chicago Board Options Exchange,                                *     *     *     *      *
                                                  change that are filed with the
                                                                                                                    Incorporated; Notice of Filing and                             Chicago Board Options Exchange,
                                                  Commission, and all written
                                                                                                                    Immediate Effectiveness of a Proposed                          Incorporated Rules
                                                  communications relating to the
                                                                                                                    Rule Change To Extend a Pilot
                                                  proposed rule change between the                                                                                                 *           *       *      *       *
                                                                                                                    Program That Eliminates Position and
                                                  Commission and any person, other than
                                                                                                                    Exercise Limits for Physically-Settled                         Rule 4.11. Position Limits
                                                  those that may be withheld from the
                                                                                                                    SPDR S&P 500 ETF Trust (‘‘SPY’’)
                                                  public in accordance with the                                                                                                      No changes.
                                                                                                                    Options
                                                  provisions of 5 U.S.C. 552, will be                                                                                                . . . Interpretations and Policies:
                                                  available for Web site viewing and                                June 26, 2017.                                                   .01–.06 No change.
                                                  printing in the Commission’s Public                                  Pursuant to Section 19(b)(1) of the                           .07 The position limits under Rule
                                                  Reference Room, 100 F Street NE.,                                 Securities Exchange Act of 1934 (the                           4.11 applicable to options on shares or
                                                  Washington, DC 20549 on official                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                         other securities that represent interests
                                                  business days between the hours of                                notice is hereby given that on June 22,                        in registered investment companies (or
                                                  10:00 a.m. and 3:00 p.m. Copies of the                            2017, Chicago Board Options Exchange,                          series thereof) organized as open-end
                                                  filing also will be available for                                 Incorporated (the ‘‘Exchange’’ or                              management investment companies,
                                                  inspection and copying at the principal                           ‘‘CBOE’’) filed with the Securities and                        unit investment trusts or similar entities
                                                  office of FINRA. All comments received                            Exchange Commission (‘‘Commission’’)                           that satisfy the criteria set forth in
                                                  will be posted without change; the                                the proposed rule change as described                          Interpretation and Policy .06 under Rule
                                                  Commission does not edit personal                                 in Items I and II below, which Items                           5.3 shall be the same as the position
                                                  identifying information from                                      have been prepared by the Exchange.                            limits applicable to equity options
                                                  submissions. You should submit only                               The Exchange filed the proposal as a                           under Rule 4.11 and Interpretations and
                                                  information that you wish to make                                 ‘‘non-controversial’’ proposed rule                            Policies thereunder; except that the
                                                  available publicly. All submissions                               change pursuant to Section                                     position limits under Rule 4.11
                                                  should refer to File Number SR–FINRA–                             19(b)(3)(A)(iii) of the Act 3 and Rule                         applicable to option contracts on the
                                                  2017–023 and should be submitted on                               19b–4(f)(6) thereunder.4 The                                   securities listed in the below chart are
                                                  or before July 21, 2017.                                          Commission is publishing this notice to                        as follows:

                                                                                      Security underlying option                                                                                   Position limit

                                                  The   DIAMONDS Trust (DIA) .................................................................................   300,000   contracts.
                                                  The   Standard and Poor’s Depositary Receipt Trust (SPY) ..................................                    None.
                                                  The   iShares Russell 2000 Index Fund (IWM) .......................................................            500,000   contracts.
                                                  The   PowerShares QQQ Trust (QQQ) ...................................................................          900,000   contracts.
                                                  The   iShares MSCI Emerging Markets Index Fund (EEM) ....................................                      500,000   contracts.



                                                     Position limits for SPY options are                            II. Self-Regulatory Organization’s                             forth in sections A, B, and C below, of
                                                  subject to a pilot program through [July                          Statement of the Purpose of, and                               the most significant aspects of such
                                                  12, 2017] July 12, 2018.                                          Statutory Basis for, the Proposed Rule                         statements.
                                                     .08 No change.                                                 Change
                                                                                                                                                                                   A. Self-Regulatory Organization’s
                                                  *      *     *    *     *                                           In its filing with the Commission, the                       Statement of the Purpose of, and
                                                     The text of the proposed rule change                           Exchange included statements                                   Statutory Basis for, the Proposed Rule
                                                  is also available on the Exchange’s Web                           concerning the purpose of and basis for                        Change
                                                  site (http://www.cboe.com/AboutCBOE/                              the proposed rule change and discussed
                                                                                                                                                                                   1. Purpose
                                                                                                                    any comments it received on the
mstockstill on DSK30JT082PROD with NOTICES




                                                  CBOELegalRegulatoryHome.aspx), at
                                                  the Exchange’s Office of the Secretary,                           proposed rule change. The text of these                          The Exchange proposes to amend
                                                  and at the Commission’s Public                                    statements may be examined at the                              Interpretation and Policy .07 to Rule
                                                  Reference Room.                                                   places specified in Item IV below. The                         4.11 (Position Limits) to extend the
                                                                                                                    Exchange has prepared summaries, set
                                                    19 17   CFR 200.30–3(a)(12).                                       2 17   CFR 240.19b–4.                                            4 17   CFR 240.19b–4(f)(6).
                                                    1 15   U.S.C. 78s(b)(1).                                           3 15   U.S.C. 78s(b)(3)(A)(iii).



                                             VerDate Sep<11>2014      17:32 Jun 29, 2017      Jkt 241001     PO 00000     Frm 00140      Fmt 4703     Sfmt 4703   E:\FR\FM\30JNN1.SGM           30JNN1


                                                                                  Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices                                                       29961

                                                  duration of the SPY Pilot Program.5 The                 and the rules and regulations                            19(b)(3)(A) of the Act and Rule 19b–
                                                  SPY Pilot Program is currently                          thereunder applicable to the Exchange                    4(f)(6) thereunder.9
                                                  scheduled to expire on July 12, 2017,                   and, in particular, the requirements of                     A proposed rule change filed
                                                  and this proposal would extend the SPY                  Section 6(b) of the Act.7 Specifically,                  pursuant to Rule 19b–4(f)(6) under the
                                                  Pilot Program through July 12, 2018.                    the Exchange believes the proposed rule
                                                                                                                                                                   Act 10 normally does not become
                                                  There are no substantive changes being                  change is consistent with the Section
                                                                                                                                                                   operative for 30 days after the date of its
                                                  proposed to the SPY Pilot Program.                      6(b)(5) 8 requirements that the rules of
                                                     In proposing to extend the SPY Pilot                 an exchange be designed to prevent                       filing. However, Rule 19b–4(f)(6)(iii) 11
                                                  Program, the Exchange reaffirms its                     fraudulent and manipulative acts and                     permits the Commission to designate a
                                                  consideration of several factors that                   practices, to promote just and equitable                 shorter time if such action is consistent
                                                  supported its original proposal to                      principles of trade, to remove                           with the protection of investors and the
                                                  establish the SPY Pilot Program, which                  impediments to and perfect the                           public interest. The Exchange has asked
                                                  include: (1) The liquidity of the option                mechanism of a free and open market                      the Commission to waive the 30-day
                                                  and the underlying security; (2) the                    and a national market system, and, in                    operative delay, noting that such waiver
                                                  market capitalization of the underlying                 general, to protect investors and the                    will allow the Exchange to extend the
                                                  security and the securities that make up                public interest. Specifically, the                       pilot program prior to its expiration on
                                                  the S&P 500 Index; (3) options reporting                Exchange believes that extending the                     July 12, 2017. In addition, the Exchange
                                                  requirements; and (4) financial                         SPY Pilot Program promotes just and                      believes that waiver of the operative
                                                  requirements imposed by CBOE and the                    equitable principles of trade by                         delay is consistent with the protection
                                                  Commission. When the SPY Pilot                          permitting market participants,                          of investors and the public interest
                                                  Program was most recently renewed in                    including market makers, institutional                   because it will allow for the least
                                                  July 2016, CBOE submitted a report                      investors and retail investors, to                       amount of market disruption as the pilot
                                                  providing an analysis of the SPY Pilot                  establish greater positions when                         will continue as it currently does
                                                  Program during the period June 2015                     pursuing their investment goals and                      maintaining the status quo. The
                                                  through April 2016 (the ‘‘Pilot Report’’).              needs. Extending the SPY Pilot Program                   Commission believes that waiving the
                                                  In the July 2016 extension, the Exchange                will give the Exchange and the                           30-day operative delay is consistent
                                                  stated that if it were to submit a                      Commission additional time to evaluate                   with the protection of investors and the
                                                  proposal to either extend the SPY Pilot                 the pilot and its effect on the market.                  public interest. Therefore, the
                                                  Program, adopt the SPY Pilot Program
                                                                                                          B. Self-Regulatory Organization’s                        Commission hereby waives the
                                                  on a permanent basis, or terminate the
                                                                                                          Statement on Burden on Competition                       operative delay and designates the
                                                  SPY Pilot Program, it would submit
                                                  another Pilot Report covering the period                                                                         proposed rule change operative upon
                                                                                                            The Exchange does not believe that
                                                  since the previous extension.6                                                                                   filing.12
                                                                                                          the proposed rule change will impose
                                                  Accordingly, the Exchange is submitting                 any burden on competition that is not                       At any time within 60 days of the
                                                  another Pilot Report that details CBOE’s                necessary or appropriate in furtherance                  filing of the proposed rule change, the
                                                  experience with the SPY Pilot Program.                  of the purposes of the Act. The                          Commission summarily may
                                                  The Pilot Report now includes the                       proposed rule change is not designed to                  temporarily suspend such rule change if
                                                  period of May 2016 through April 2017.                  address any aspect of competition,                       it appears to the Commission that such
                                                  The Pilot Report is attached as Exhibit                 whether between the Exchange and its                     action is necessary or appropriate in the
                                                  3 [sic]. CBOE notes that it is unaware of               competitors, or among market                             public interest, for the protection of
                                                  any problems created by the SPY Pilot                   participants. Instead, the proposed rule                 investors, or otherwise in furtherance of
                                                  Program and does not foresee any as a                   change is designed to allow the SPY                      the purposes of the Act. If the
                                                  result of the proposed extension. In                    Pilot Program to continue as the                         Commission takes such action, the
                                                  extending the SPY Pilot Program, the                    Exchange expects other SROs will                         Commission shall institute proceedings
                                                  Exchange states that if CBOE were to                    propose similar extensions.                              to determine whether the proposed rule
                                                  propose another extension, permanent                                                                             should be approved or disapproved.
                                                  approval or termination of the SPY Pilot                C. Self-Regulatory Organization’s
                                                  Program, the Exchange will submit                       Statement on Comments on the                             IV. Solicitation of Comments
                                                  another Pilot Report covering the period                Proposed Rule Change Received From
                                                  since the previous extension, which will                Members, Participants, or Others                           Interested persons are invited to
                                                  be submitted at least 30 days before the                  The Exchange neither solicited nor                     submit written data, views, and
                                                  end of the proposed extension. If the                   received comments on the proposed                        arguments concerning the foregoing,
                                                  SPY Pilot Program is not extended or                    rule change.                                             including whether the proposed rule
                                                  adopted on a permanent basis by July                                                                             change is consistent with the Act.
                                                  12, 2018, position limits in SPY will                   III. Date of Effectiveness of the                        Comments may be submitted by any of
                                                  revert to their Pre-Pilot levels.                       Proposed Rule Change and Timing for                      the following methods:
                                                                                                          Commission Action
                                                  2. Statutory Basis
                                                                                                             Because the foregoing proposed rule                     9 17 CFR 240.19b–4(f)(6). As required under Rule
                                                     The Exchange believes the proposed                   change does not: (i) Significantly affect                19b–4(f)(6)(iii), the Exchange provided the
                                                  rule change is consistent with the Act                  the protection of investors or the public                Commission with written notice of its intent to file
                                                                                                                                                                   the proposed rule change, along with a brief
                                                                                                          interest; (ii) impose any significant                    description and the text of the proposed rule
                                                    5 See Securities Exchange Act Release Nos. 67937
                                                                                                          burden on competition; and (iii) become
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                                                                                   change, at least five business days prior to the date
                                                  (September 27, 2012), 77 FR 60489 (October 3,
                                                  2012) (SR–CBOE–2012–091); 70878 (November 14,           operative for 30 days from the date on                   of filing of the proposed rule change, or such
                                                  2013), 78 FR 69737 (November 20, 2013) (SR–             which it was filed, or such shorter time                 shorter time as designated by the Commission.
                                                                                                                                                                     10 17 CFR 240.19b–4(f)(6).
                                                  CBOE–2013–106); 74149 (January 27, 2015) 80 FR          as the Commission may designate, it has                    11 17 CFR 240.19b–4(f)(6)(iii).
                                                  5606 (February 2, 2015) (SR–CBOE–2015–008);
                                                  75381 (July 7, 2015) 80 FR 40111 (July 13, 2015)
                                                                                                          become effective pursuant to Section                       12 For purposes only of waiving the 30-day

                                                  (SR–CBOE–2015–065); and 78131 (June 22, 2016)                                                                    operative delay, the Commission has considered the
                                                  81 FR 42011 (June 28, 2016) (SR–CBOE–2016–052).           7 15   U.S.C. 78f(b).                                  proposed rule’s impact on efficiency, competition,
                                                    6 See 81 FR at 42011.                                   8 15   U.S.C. 78f(b)(5).                               and capital formation. See 15 U.S.C. 78c(f).



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                                                  29962                             Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Notices

                                                  Electronic Comments                                       SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                                                                                            COMMISSION                                              Statement of the Purpose of, and
                                                    • Use the Commission’s Internet                                                                                 Statutory Basis for, the Proposed Rule
                                                  comment form (http://www.sec.gov/                                                                                 Change
                                                                                                            [Release No. 34–81019; File No. SR–MIAX–
                                                  rules/sro.shtml); or
                                                                                                            2017–29]                                                1. Purpose
                                                    • Send an email to rule-comments@
                                                  sec.gov. Please include File Number SR–                                                                              The Exchange proposes to amend the
                                                                                                            Self-Regulatory Organizations; Miami
                                                  CBOE–2017–050 on the subject line.                                                                                list of MIAX Select Symbols 3 contained
                                                                                                            International Securities Exchange LLC;
                                                                                                                                                                    in the Priority Customer Rebate Program
                                                                                                            Notice of Filing and Immediate                          (the ‘‘Program’’) 4 of the Exchange’s Fee
                                                  Paper Comments
                                                                                                            Effectiveness of a Proposed Rule                        Schedule to delete the option class
                                                    • Send paper comments in triplicate                     Change To Amend Its Fee Schedule                        ‘‘YHOO’’ associated with Yahoo! Inc.
                                                  to Brent J. Fields, Secretary, Securities                                                                         (‘‘Yahoo!’’). The Exchange initially
                                                                                                            June 26, 2017.
                                                  and Exchange Commission, 100 F Street                                                                             created the list of MIAX Select Symbols
                                                  NE., Washington, DC 20549–1090.                              Pursuant to Section 19(b)(1) of the                  on March 1, 2014,5 and has added and
                                                                                                            Securities Exchange Act of 1934                         removed option classes from that list
                                                  All submissions should refer to File                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 since that time.6 On June 13, 2017,
                                                  Number SR–CBOE–2017–050. This file                        notice is hereby given that on June 19,                 Yahoo completed the sale of its
                                                  number should be included on the                          2017, Miami International Securities                    operating business to Verizon
                                                  subject line if email is used. To help the                Exchange LLC (‘‘MIAX Options’’ or                       Communications Inc. Subsequently,
                                                  Commission process and review your                        ‘‘Exchange’’) filed with the Securities                 Yahoo! was renamed Altaba Inc.
                                                  comments more efficiently, please use                     and Exchange Commission                                 (‘‘Altaba’’), and, effective June 19, 2017,
                                                  only one method. The Commission will                      (‘‘Commission’’) a proposed rule change                 began trading under the ticker symbol
                                                  post all comments on the Commission’s                     as described in Items I, II, and III below,             ‘‘AABA.’’ Because Altaba’s assets
                                                  Internet Web site (http://www.sec.gov/                    which Items have been prepared by the                   consist primarily of equity investments,
                                                  rules/sro.shtml). Copies of the                           Exchange. The Commission is                             short-term debt investments, and cash,
                                                  submission, all subsequent                                publishing this notice to solicit                       it was required to register as an
                                                  amendments, all written statements                                                                                investment company under the
                                                                                                            comments on the proposed rule change
                                                  with respect to the proposed rule                                                                                 Investment Company Act of 1940. The
                                                                                                            from interested persons.
                                                  change that are filed with the                                                                                    completion of the sale of the operating
                                                  Commission, and all written                               I. Self-Regulatory Organization’s                       business to Verizon did not otherwise
                                                  communications relating to the                            Statement of the Terms of Substance of                  affect shares of Yahoo! common stock,
                                                  proposed rule change between the                          the Proposed Rule Change                                which now represent shares of common
                                                  Commission and any person, other than                                                                             stock of Altaba after it registered as an
                                                  those that may be withheld from the                          The Exchange is filing a proposal to                 investment company and changed its
                                                  public in accordance with the                             amend the MIAX Options Fee Schedule                     name to Altaba.7
                                                                                                            (the ‘‘Fee Schedule’’).                                    The Exchange has decided not to
                                                  provisions of 5 U.S.C. 552, will be
                                                                                                               The text of the proposed rule change                 include Altaba in the list of MIAX
                                                  available for Web site viewing and
                                                                                                            is available on the Exchange’s Web site                 Select Symbols. Thus, the Exchange is
                                                  printing in the Commission’s Public                                                                               amending its Fee Schedule to delete the
                                                  Reference Room, 100 F Street NE.,                         at http://www.miaxoptions.com/rule-
                                                                                                                                                                    symbol YHOO from the list of MIAX
                                                  Washington, DC 20549 on official                          filings, at MIAX’s principal office, and
                                                                                                                                                                    Select Symbols contained in the
                                                  business days between the hours of                        at the Commission’s Public Reference                    Program to correspond with this change.
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   Room.                                                   This amendment is intended to
                                                  filing also will be available for                         II. Self-Regulatory Organization’s
                                                  inspection and copying at the principal                   Statement of the Purpose of, and
                                                                                                                                                                       3 The term ‘‘MIAX Select Symbols’’ means

                                                  office of the Exchange. All comments                      Statutory Basis for, the Proposed Rule
                                                                                                                                                                    options overlying AAL, AAPL, AIG, AMAT, AMD,
                                                                                                                                                                    AMZN, BA, BABA, BBRY, BIDU, BP, C, CAT, CBS,
                                                  received will be posted without change;                   Change                                                  CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE,
                                                  the Commission does not edit personal                                                                             GILD, GLD, GM, GOOGL, GPRO, HAL, HTZ, INTC,
                                                  identifying information from                                In its filing with the Commission, the                IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK, NFLX,
                                                  submissions. You should submit only                       Exchange included statements                            NOK, NQ, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG,
                                                                                                                                                                    S, SPY, SUNE, T, TSLA, USO, VALE, VXX, WBA,
                                                  information that you wish to make                         concerning the purpose of and basis for                 WFC, WMB, WY, X, XHB, XLE, XLF, XLP, XOM,
                                                  available publicly. All submissions                       the proposed rule change and discussed                  XOP and YHOO.
                                                  should refer to File Number SR–CBOE–                      any comments it received on the                            4 See section (1)(a)(iii) of the Fee Schedule for a

                                                  2017–050, and should be submitted on                                                                              complete description of the Program.
                                                                                                            proposed rule change. The text of these                    5 See Securities Exchange Act Release No. 71700
                                                  or before July 21, 2017.                                  statements may be examined at the                       (March 12, 2014), 79 FR 15188 (March 18, 2014)
                                                    For the Commission, by the Division of                  places specified in Item IV below. The                  (SR–MIAX–2014–13).
                                                  Trading and Markets, pursuant to delegated                Exchange has prepared summaries, set                       6 See Securities Exchange Act Release Nos. 79301

                                                                                                            forth in sections A, B, and C below, of                 (November 14, 2016), 81 FR 81854 (November 18,
                                                  authority.13                                                                                                      2016) (SR–MIAX–2016–42); 74291(February 18,
                                                  Robert W. Errett,                                         the most significant aspects of such                    2015), 80 FR 9841 (February 24, 2015) (SR–MIAX–
                                                                                                            statements.                                             2015–09); 74288 (February 18, 2015), 80 FR 9837
mstockstill on DSK30JT082PROD with NOTICES




                                                  Deputy Secretary.                                                                                                 (February 24, 2015) (SR–MIAX–2015–08); 73328
                                                  [FR Doc. 2017–13702 Filed 6–29–17; 8:45 am]                                                                       (October 9, 2014), 79 FR 62230 (October 16, 2014)
                                                  BILLING CODE 8011–01–P
                                                                                                                                                                    (SR–MIAX–2014–50); 72567 (July 8, 2014), 79 FR
                                                                                                                                                                    40818 (July 14, 2014) (SR–MIAX–2014–34); 72356
                                                                                                                                                                    (June 10, 2014), 79 FR 34384 (June 16, 2014) (SR–
                                                                                                                                                                    MIAX–2014–26); 71700 (March 12, 2014), 79 FR
                                                                                                                                                                    15188 (March 18, 2014) (SR–MIAX–2014–13).
                                                                                                              1 15   U.S.C. 78s(b)(1).                                 7 See the home page of the Altaba Web site
                                                    13 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 located at: https://www.altaba.com/.



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Document Created: 2017-06-30 06:01:39
Document Modified: 2017-06-30 06:01:39
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 Citation82 FR 29960 

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