82_FR_32527 82 FR 32394 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the SPY Pilot Program

82 FR 32394 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the SPY Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32394-32396
FR Document2017-14659

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32394-32396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14659]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81090; File No. SR-NASDAQ-2017-063]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the SPY Pilot Program

July 7, 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 29, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 for another twelve (12) month time 
period the pilot program to eliminate position limits for options on 
the SPDR[supreg] S&P 500[supreg] exchange-traded fund (``SPY ETF'' or 
``SPY''),\3\ which list and trade under the symbol SPY (``SPY Pilot 
Program'').
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    \3\ ``SPDR[supreg],'' ``Standard & Poor's[supreg],'' 
``S&P[supreg],'' ``S&P 500[supreg],'' and ``Standard & Poor's 500'' 
are registered trademarks of Standard & Poor's Financial Services 
LLC. The SPY ETF represents ownership in the SPDR S&P 500 Trust, a 
unit investment trust that generally corresponds to the price and 
yield performance of the SPDR S&P 500 Index.
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

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

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 amend the 
Supplementary Material at the end of Chapter III, Section 7 (Position 
Limits), to extend the current pilot which expires on July 12, 2017 for 
an additional twelve (12) month time period to July 12, 2018 
(``Extended Pilot''). This filing does not propose any substantive 
changes to the SPY Pilot Program. In proposing to extend the SPY Pilot 
Program, the Exchange reaffirms its consideration of several factors 
that supported the original proposal of the SPY Pilot Program, 
including (1) the availability of economically equivalent products and 
their respective position limits; (2) the liquidity of the option and 
the underlying security; (3) the market capitalization of the 
underlying security and the related index; (4) the reporting of large 
positions and requirements

[[Page 32395]]

surrounding margin; and (5) the potential for market on close 
volatility.
    With this proposal, the Exchange submits the SPY report to the 
Commission, which report reflects, during the time period from May 2016 
through May 2017, the trading of standardized SPY options with no 
position limits consistent with option exchange provisions.\4\ The 
report was prepared in the manner specified in the Exchange's prior 
rule filing extending the SPY Pilot Program.\5\ The Exchange 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. The proposed 
extension will allow the Exchange and the Commission additional time to 
further evaluate the pilot program and its effect on the market.
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    \4\ The report is attached as Exhibit 3 [sic].
    \5\ See Securities Exchange Act Release No. 78123 (June 22, 
2016), 81 FR 42030 (June 28, 2016) (SR-NASDAQ-2016-084).
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    As with the original proposal to establish the SPY Pilot Program, 
the Exchange represents that a SPY Pilot Report will be submitted at 
least thirty (30) days before the end of the Extended Pilot and would 
analyze that period. The Pilot Report will detail the size and 
different types of strategies employed with respect to positions 
established as a result of the elimination of position limits in SPY. 
In addition, the report will note whether any problems resulted due to 
the no limit approach and any other information that may be useful in 
evaluating the effectiveness of the Extended Pilot. The Pilot Report 
will compare the impact of the SPY Pilot Program, if any, on the 
volumes of SPY options and the volatility in the price of the 
underlying SPY shares, particularly at expiration during the Extended 
Pilot. In preparing the report the Exchange will utilize various data 
elements such as volume and open interest. In addition the Exchange 
will make available to Commission staff data elements relating to the 
effectiveness of the SPY Pilot Program. Conditional on the findings in 
the SPY Pilot Report, the Exchange will file with the Commission a 
proposal to extend the pilot program, adopt the pilot program on a 
permanent basis or terminate the pilot. If the SPY Pilot Program is not 
extended or adopted on a permanent basis by the expiration of the 
Extended Pilot, the position limits for SPY options would revert to 
limits in effect prior to the commencement of the SPY Pilot Program.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \7\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would be 
beneficial to market participants, including market makers, 
institutional investors and retail investors, by permitting them to 
establish greater positions when pursuing their investment goals and 
needs. The Exchange also believes that economically equivalent products 
should be treated in an equivalent manner so as to avoid regulatory 
arbitrage, especially with respect to position limits. Treating SPY and 
SPX options differently by virtue of imposing different position limits 
is inconsistent with the notion of promoting just and equitable 
principles of trade and removing impediments to perfect the mechanisms 
of a free and open market. At the same time, the Exchange believes that 
the elimination of position limits for SPY options would not increase 
market volatility or facilitate the ability to manipulate the market.

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

    The proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. In this regard, the Exchange notes that the rule change is 
being proposed as a competitive response to similar filings that the 
Exchange expects to be filed by other options exchanges. The Exchange 
believes this proposed rule change is necessary to permit fair 
competition among the options exchanges and to establish uniform 
position limits for a multiply listed options class.

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

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\8\
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    \8\ 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \9\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ 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 Exchange 
believes that waiver of the operative delay is consistent with the 
protection of investors and the public interest because it will allow 
the SPY Pilot Program to continue without interruption. 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.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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).
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    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.

[[Page 32396]]

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2017-063 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-NASDAQ-2017-063. 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-NASDAQ-2017-063, and should 
be submitted on or before August 3, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-14659 Filed 7-12-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                32394                          Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

                                                become operative immediately upon                        change that are filed with the                          I. Self-Regulatory Organization’s
                                                filing. The Exchange believes that                       Commission, and all written                             Statement of the Terms of the Substance
                                                waiver of the operative delay is                         communications relating to the                          of the Proposed Rule Change
                                                consistent with the protection of                        proposed rule change between the                           The Exchange proposes to extend for
                                                investors and the public interest                        Commission and any person, other than                   another twelve (12) month time period
                                                because it will allow the SPY Pilot                      those that may be withheld from the                     the pilot program to eliminate position
                                                Program to continue without                              public in accordance with the                           limits for options on the SPDR® S&P
                                                interruption. The Commission believes                    provisions of 5 U.S.C. 552, will be                     500® exchange-traded fund (‘‘SPY ETF’’
                                                that waiving the 30-day operative delay                  available for Web site viewing and                      or ‘‘SPY’’),3 which list and trade under
                                                is consistent with the protection of                     printing in the Commission’s Public                     the symbol SPY (‘‘SPY Pilot Program’’).
                                                investors and the public interest.                       Reference Room, 100 F Street NE.,                          The text of the proposed rule change
                                                Therefore, the Commission hereby                         Washington, DC 20549 on official                        is available on the Exchange’s Web site
                                                waives the operative delay and                           business days between the hours of                      at http://nasdaq.cchwallstreet.com, at
                                                designates the proposed rule change                      10:00 a.m. and 3:00 p.m. Copies of such                 the principal office of the Exchange, and
                                                operative upon filing.10                                 filing also will be available for                       at the Commission’s Public Reference
                                                   At any time within 60 days of the                     inspection and copying at the principal                 Room.
                                                filing of the proposed rule change, the
                                                                                                         office of the Exchange. All comments                    II. Self-Regulatory Organization’s
                                                Commission summarily may
                                                                                                         received will be posted without change;                 Statement of the Purpose of, and
                                                temporarily suspend such rule change if
                                                                                                         the Commission does not edit personal                   Statutory Basis for, the Proposed Rule
                                                it appears to the Commission that such
                                                action is necessary or appropriate in the                identifying information from                            Change
                                                public interest, for the protection of                   submissions. You should submit only
                                                                                                                                                                    In its filing with the Commission, the
                                                investors, or otherwise in furtherance of                information that you wish to make
                                                                                                                                                                 Exchange included statements
                                                the purposes of the Act. If the                          available publicly. All submissions
                                                                                                                                                                 concerning the purpose of and basis for
                                                Commission takes such action, the                        should refer to File Number SR–ISE–                     the proposed rule change and discussed
                                                Commission shall institute proceedings                   2017–72, and should be submitted on or                  any comments it received on the
                                                to determine whether the proposed rule                   before August 3, 2017.                                  proposed rule change. The text of these
                                                should be approved or disapproved.                         For the Commission, by the Division of                statements may be examined at the
                                                IV. Solicitation of Comments                             Trading and Markets, pursuant to delegated              places specified in Item IV below. The
                                                                                                         authority.11                                            Exchange has prepared summaries, set
                                                  Interested persons are invited to                      Eduardo A. Aleman,                                      forth in sections A, B, and C below, of
                                                submit written data, views, and                                                                                  the most significant aspects of such
                                                                                                         Assistant Secretary.
                                                arguments concerning the foregoing,                                                                              statements.
                                                including whether the proposed rule                      [FR Doc. 2017–14663 Filed 7–12–17; 8:45 am]
                                                change is consistent with the Act.                       BILLING CODE 8011–01–P                                  A. Self-Regulatory Organization’s
                                                Comments may be submitted by any of                                                                              Statement of the Purpose of, and
                                                the following methods:                                                                                           Statutory Basis for, the Proposed Rule
                                                                                                         SECURITIES AND EXCHANGE                                 Change
                                                Electronic Comments                                      COMMISSION                                              1. Purpose
                                                  • Use the Commission’s Internet
                                                comment form (http://www.sec.gov/                                                                                   The purpose of the proposed rule
                                                                                                         [Release No. 34–81090; File No. SR–
                                                rules/sro.shtml); or                                     NASDAQ–2017–063]
                                                                                                                                                                 change is to amend the Supplementary
                                                  • Send an email to rule-comments@                                                                              Material at the end of Chapter III,
                                                sec.gov. Please include File Number SR–                  Self-Regulatory Organizations; The                      Section 7 (Position Limits), to extend
                                                ISE–2017–72 on the subject line.                         NASDAQ Stock Market LLC; Notice of                      the current pilot which expires on July
                                                                                                         Filing and Immediate Effectiveness of                   12, 2017 for an additional twelve (12)
                                                Paper Comments                                                                                                   month time period to July 12, 2018
                                                                                                         Proposed Rule Change To Extend the
                                                  • Send paper comments in triplicate                    SPY Pilot Program                                       (‘‘Extended Pilot’’). This filing does not
                                                to Brent J. Fields, Secretary, Securities                                                                        propose any substantive changes to the
                                                and Exchange Commission, 100 F Street                    July 7, 2017.                                           SPY Pilot Program. In proposing to
                                                NE., Washington, DC 20549–1090.                                                                                  extend the SPY Pilot Program, the
                                                                                                            Pursuant to Section 19(b)(1) of the
                                                                                                                                                                 Exchange reaffirms its consideration of
                                                All submissions should refer to File                     Securities Exchange Act of 1934 (the                    several factors that supported the
                                                Number SR–ISE–2017–72. This file                         ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  original proposal of the SPY Pilot
                                                number should be included on the                         notice is hereby given that on June 29,                 Program, including (1) the availability of
                                                subject line if email is used. To help the               2017, The NASDAQ Stock Market LLC                       economically equivalent products and
                                                Commission process and review your                       (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             their respective position limits; (2) the
                                                comments more efficiently, please use                    Securities and Exchange Commission                      liquidity of the option and the
                                                only one method. The Commission will                     (‘‘SEC’’ or ‘‘Commission’’) the proposed                underlying security; (3) the market
                                                post all comments on the Commission’s                    rule change as described in Items I and                 capitalization of the underlying security
                                                Internet Web site (http://www.sec.gov/                   II below, which Items have been                         and the related index; (4) the reporting
                                                rules/sro.shtml). Copies of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         prepared by the Exchange. The                           of large positions and requirements
                                                submission, all subsequent                               Commission is publishing this notice to
                                                amendments, all written statements                       solicit comments on the proposed rule                      3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’ ‘‘S&P
                                                with respect to the proposed rule                        change from interested persons.                         500®,’’ and ‘‘Standard & Poor’s 500’’ are registered
                                                                                                                                                                 trademarks of Standard & Poor’s Financial Services
                                                  10 For purposes only of waiving the 30-day                                                                     LLC. The SPY ETF represents ownership in the
                                                                                                              11 17 CFR 200.30–3(a)(12).
                                                operative delay, the Commission has considered the                                                               SPDR S&P 500 Trust, a unit investment trust that
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                proposed rule’s impact on efficiency, competition,                                                               generally corresponds to the price and yield
                                                and capital formation. See 15 U.S.C. 78c(f).                  2 17 CFR 240.19b–4.                                performance of the SPDR S&P 500 Index.



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                                                                               Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices                                                         32395

                                                surrounding margin; and (5) the                          of the Act 6 in general, and furthers the                  III. Date of Effectiveness of the
                                                potential for market on close volatility.                objectives of Section 6(b)(5) of the Act 7                 Proposed Rule Change and Timing for
                                                   With this proposal, the Exchange                      in particular, in that it is designed to                   Commission Action
                                                submits the SPY report to the                            prevent fraudulent and manipulative
                                                Commission, which report reflects,                       acts and practices, to promote just and                       Because the foregoing proposed rule
                                                during the time period from May 2016                     equitable principles of trade, to foster                   change does not: (i) Significantly affect
                                                through May 2017, the trading of                         cooperation and coordination with                          the protection of investors or the public
                                                standardized SPY options with no                         persons engaged in facilitating                            interest; (ii) impose any significant
                                                position limits consistent with option                   transactions in securities, to remove                      burden on competition; and (iii) become
                                                exchange provisions.4 The report was                     impediments to and perfect the                             operative for 30 days from the date on
                                                prepared in the manner specified in the                  mechanism of a free and open market                        which it was filed, or such shorter time
                                                Exchange’s prior rule filing extending                   and a national market system and, in                       as the Commission may designate, it has
                                                the SPY Pilot Program.5 The Exchange                     general, to protect investors and the                      become effective pursuant to Section
                                                notes that it is unaware of any problems                 public interest.                                           19(b)(3)(A) of the Act and Rule 19b–
                                                created by the SPY Pilot Program and                                                                                4(f)(6) thereunder.8
                                                does not foresee any as a result of the                     The Exchange believes that the
                                                                                                         proposed rule change would be                                 A proposed rule change filed
                                                proposed extension. The proposed                                                                                    pursuant to Rule 19b–4(f)(6) under the
                                                extension will allow the Exchange and                    beneficial to market participants,
                                                                                                         including market makers, institutional                     Act 9 normally does not become
                                                the Commission additional time to
                                                                                                         investors and retail investors, by                         operative for 30 days after the date of its
                                                further evaluate the pilot program and
                                                                                                         permitting them to establish greater                       filing. However, Rule 19b–4(f)(6)(iii) 10
                                                its effect on the market.
                                                                                                         positions when pursuing their                              permits the Commission to designate a
                                                   As with the original proposal to
                                                establish the SPY Pilot Program, the                     investment goals and needs. The                            shorter time if such action is consistent
                                                Exchange represents that a SPY Pilot                     Exchange also believes that                                with the protection of investors and the
                                                Report will be submitted at least thirty                 economically equivalent products                           public interest. The Exchange has asked
                                                (30) days before the end of the Extended                 should be treated in an equivalent                         the Commission to waive the 30-day
                                                Pilot and would analyze that period.                     manner so as to avoid regulatory                           operative delay so that the proposal may
                                                The Pilot Report will detail the size and                arbitrage, especially with respect to                      become operative immediately upon
                                                different types of strategies employed                   position limits. Treating SPY and SPX                      filing. The Exchange believes that
                                                with respect to positions established as                 options differently by virtue of imposing                  waiver of the operative delay is
                                                a result of the elimination of position                  different position limits is inconsistent                  consistent with the protection of
                                                limits in SPY. In addition, the report                   with the notion of promoting just and                      investors and the public interest
                                                will note whether any problems resulted                  equitable principles of trade and                          because it will allow the SPY Pilot
                                                due to the no limit approach and any                     removing impediments to perfect the                        Program to continue without
                                                other information that may be useful in                  mechanisms of a free and open market.                      interruption. The Commission believes
                                                evaluating the effectiveness of the                      At the same time, the Exchange believes                    that waiving the 30-day operative delay
                                                Extended Pilot. The Pilot Report will                    that the elimination of position limits                    is consistent with the protection of
                                                compare the impact of the SPY Pilot                      for SPY options would not increase                         investors and the public interest.
                                                Program, if any, on the volumes of SPY                   market volatility or facilitate the ability                Therefore, the Commission hereby
                                                options and the volatility in the price of               to manipulate the market.                                  waives the operative delay and
                                                the underlying SPY shares, particularly                                                                             designates the proposed rule change
                                                at expiration during the Extended Pilot.                 B. Self-Regulatory Organization’s                          operative upon filing.11
                                                In preparing the report the Exchange                     Statement on Burden on Competition                            At any time within 60 days of the
                                                will utilize various data elements such                                                                             filing of the proposed rule change, the
                                                as volume and open interest. In addition                    The proposed rule change does not
                                                                                                         impose any burden on competition that                      Commission summarily may
                                                the Exchange will make available to                                                                                 temporarily suspend such rule change if
                                                Commission staff data elements relating                  is not necessary or appropriate in
                                                                                                         furtherance of the purposes of the Act.                    it appears to the Commission that such
                                                to the effectiveness of the SPY Pilot                                                                               action is necessary or appropriate in the
                                                Program. Conditional on the findings in                  In this regard, the Exchange notes that
                                                                                                         the rule change is being proposed as a                     public interest, for the protection of
                                                the SPY Pilot Report, the Exchange will                                                                             investors, or otherwise in furtherance of
                                                file with the Commission a proposal to                   competitive response to similar filings
                                                                                                         that the Exchange expects to be filed by                   the purposes of the Act. If the
                                                extend the pilot program, adopt the                                                                                 Commission takes such action, the
                                                pilot program on a permanent basis or                    other options exchanges. The Exchange
                                                                                                         believes this proposed rule change is                      Commission shall institute proceedings
                                                terminate the pilot. If the SPY Pilot
                                                                                                         necessary to permit fair competition                       to determine whether the proposed rule
                                                Program is not extended or adopted on
                                                                                                         among the options exchanges and to                         should be approved or disapproved.
                                                a permanent basis by the expiration of
                                                the Extended Pilot, the position limits                  establish uniform position limits for a
                                                                                                                                                                      8 17 CFR 240.19b–4(f)(6). As required under Rule
                                                for SPY options would revert to limits                   multiply listed options class.
                                                                                                                                                                    19b–4(f)(6)(iii), the Exchange provided the
                                                in effect prior to the commencement of                                                                              Commission with written notice of its intent to file
                                                                                                         C. Self-Regulatory Organization’s
                                                the SPY Pilot Program.                                                                                              the proposed rule change, along with a brief
                                                                                                         Statement on Comments on the                               description and the text of the proposed rule
sradovich on DSK3GMQ082PROD with NOTICES




                                                2. Statutory Basis                                       Proposed Rule Change Received From                         change, at least five business days prior to the date
                                                                                                         Members, Participants, or Others                           of filing of the proposed rule change, or such
                                                   The Exchange believes that its                                                                                   shorter time as designated by the Commission.
                                                proposal is consistent with Section 6(b)                   No written comments were either                            9 17 CFR 240.19b–4(f)(6).
                                                                                                                                                                      10 17 CFR 240.19b–4(f)(6)(iii).
                                                  4 The
                                                                                                         solicited or received.
                                                        report is attached as Exhibit 3 [sic].                                                                        11 For purposes only of waiving the 30-day
                                                  5 SeeSecurities Exchange Act Release No. 78123                                                                    operative delay, the Commission has considered the
                                                                                                              6 15   U.S.C. 78f(b).
                                                (June 22, 2016), 81 FR 42030 (June 28, 2016) (SR–                                                                   proposed rule’s impact on efficiency, competition,
                                                NASDAQ–2016–084).                                             7 15   U.S.C. 78f(b)(5).                              and capital formation. See 15 U.S.C. 78c(f).



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                                                32396                          Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

                                                IV. Solicitation of Comments                               For the Commission, by the Division of                received no comments on the proposed
                                                                                                         Trading and Markets, pursuant to delegated              rule changes. This order grants approval
                                                  Interested persons are invited to                      authority.12                                            of the proposed rule changes, each as
                                                submit written data, views, and                          Eduardo A. Aleman,                                      modified by the respective Amendment
                                                arguments concerning the foregoing,                      Assistant Secretary.                                    No. 1.
                                                including whether the proposed rule                      [FR Doc. 2017–14659 Filed 7–12–17; 8:45 am]
                                                change is consistent with the Act.                                                                               II. Description of the Proposed Rule
                                                                                                         BILLING CODE 8011–01–P
                                                Comments may be submitted by any of                                                                              Changes, as Modified by Amendment
                                                                                                                                                                 No. 1
                                                the following methods:
                                                                                                         SECURITIES AND EXCHANGE                                    NYSE and NYSE MKT propose to
                                                Electronic Comments                                      COMMISSION                                              amend NYSE Rule 36 and NYSE MKT
                                                  • Use the Commission’s Internet                        [Release No. 34–81103; File No. SR–NYSE–                Rule 36—Equities, respectively, to
                                                                                                         2017–07; SR–NYSEMKT–2017–16]                            permit Exchange floor brokers to use
                                                comment form (http://www.sec.gov/
                                                                                                                                                                 cellular or wireless telephones not
                                                rules/sro.shtml); or
                                                                                                         Self-Regulatory Organizations; New                      provided by the Exchange while on the
                                                  • Send an email to rule-comments@                      York Stock Exchange LLC; NYSE MKT                       Floor 7 of the Exchange.
                                                sec.gov. Please include File Number SR–                  LLC; Order Granting Approval of                            Currently, with Exchange approval, a
                                                NASDAQ–2017–063 on the subject line.                     Proposed Rule Changes, as Modified                      floor broker may maintain a telephone
                                                                                                         by Amendment No. 1, Amending NYSE                       line or use an Exchange authorized and
                                                Paper Comments
                                                                                                         Rule 36 and NYSE MKT Rule 36—                           Exchange provided portable telephone,
                                                  • Send paper comments in triplicate                    Equities To Permit Exchange Floor                       which permits a non-member off the
                                                to Brent J. Fields, Secretary, Securities                Brokers To Use Non-Exchange                             Floor to communicate with a member or
                                                and Exchange Commission, 100 F Street                    Provided Telephones on the Floor                        member organization on the Floor. Any
                                                NE., Washington, DC 20549–1090.                                                                                  floor broker receiving orders from the
                                                                                                         July 7, 2017.                                           public over portable telephones must be
                                                All submissions should refer to File                     I. Introduction                                         properly qualified under Exchange rules
                                                Number SR–NASDAQ–2017–063. This                                                                                  to conduct such public business.
                                                                                                            On March 31, 2017 and March 22,
                                                file number should be included on the                    2017, New York Stock Exchange LLC                       Exchange rules prohibit the use of a
                                                subject line if email is used. To help the               (‘‘NYSE’’) and NYSE MKT LLC (‘‘NYSE                     portable telephone on the Floor other
                                                Commission process and review your                       MKT’’) (each of NYSE and NYSE MKT                       than one authorized and issued by the
                                                comments more efficiently, please use                    an ‘‘Exchange’’), respectively, filed with              Exchange, with a limited exception that
                                                only one method. The Commission will                     the Securities and Exchange                             allows members and employees of
                                                post all comments on the Commission’s                    Commission (‘‘Commission’’), pursuant                   member organizations to use personal
                                                Internet Web site (http://www.sec.gov/                   to Section 19(b)(1) of the Securities                   portable telephones while outside of the
                                                rules/sro.shtml). Copies of the                          Exchange Act of 1934 (‘‘Act’’) 1 and Rule               Trading Floor 8 but still on the Floor of
                                                submission, all subsequent                               19b–4 thereunder,2 proposed rule                        the Exchange.9
                                                amendments, all written statements                       changes to permit Exchange floor                           NYSE and NYSE MKT propose to
                                                with respect to the proposed rule                        brokers to use telephones not provided                  allow a floor broker to use a personal
                                                                                                         by the Exchange while on the Floor of                   cellular or wireless telephone, rather
                                                change that are filed with the
                                                Commission, and all written                              the Exchange, and make related
                                                                                                                                                                 rule change. See infra note 29 and accompanying
                                                communications relating to the                           changes. The proposed rule changes                      text. Amendment No. 1 is available on each
                                                proposed rule change between the                         were published for comment in the                       Exchange’s Web site. Each Amendment No. 1 is not
                                                Commission and any person, other than                    Federal Register on April 10, 2017.3 On                 subject to notice and comment because it is a
                                                those that may be withheld from the                      May 24, 2017, pursuant to Section                       technical amendment that does not materially alter
                                                                                                         19(b)(2) of the Act,4 the Commission                    the substance of the proposed rule change or raise
                                                public in accordance with the                                                                                    any novel regulatory issues.
                                                                                                         designated a longer period within which
                                                provisions of 5 U.S.C. 552, will be                                                                                 7 The ‘‘Floor’’ means the trading floor of the
                                                                                                         to either approve the proposed rule                     Exchange and the premises immediately adjacent
                                                available for Web site viewing and
                                                                                                         changes, disapprove the proposed rule                   thereto, such as the various entrances and lobbies
                                                printing in the Commission’s Public                      changes, or institute proceedings to                    of the 11 Wall Street, 18 New Street, 8 Broad Street,
                                                Reference Room, 100 F Street NE.,                        determine whether to disapprove the                     12 Broad Street, and 18 Broad Street buildings, and
                                                Washington, DC 20549 on official                                                                                 also means the telephone facilities available in
                                                                                                         proposed rule changes.5 On July 6,                      these locations. See NYSE Rule 6; NYSE MKT Rule
                                                business days between the hours of                       2017, NYSE and NYSE MKT each filed                      6—Equities.
                                                10:00 a.m. and 3:00 p.m. Copies of such                  Amendment No. 1 to its respective                          8 The ‘‘Trading Floor’’ means the restricted-access

                                                filing also will be available for                        proposed rule change.6 The Commission                   physical areas designated by the Exchange for the
                                                inspection and copying at the principal                                                                          trading of securities, commonly known as the
                                                                                                                                                                 ‘‘Main Room’’ and the ‘‘Buttonwood Room.’’ The
                                                office of the Exchange. All comments                          12 17
                                                                                                                 CFR 200.30–3(a)(12).                            Trading Floor does not include the areas in the
                                                received will be posted without change;                       1 15
                                                                                                                U.S.C. 78s(b)(1).                                ‘‘Buttonwood Room’’ designated by the Exchange
                                                                                                           2 17 CFR 240.19b–4.
                                                the Commission does not edit personal                                                                            where NYSE Amex-listed options securities are
                                                                                                           3 See Securities Exchange Act Release Nos. 80374      traded (the ‘‘NYSE Amex Options Trading Floor’’),
                                                identifying information from                             (April 4, 2017), 82 FR 17306 (‘‘NYSE Notice’’); and     or the physical area within fully enclosed telephone
                                                submissions. You should submit only                      80375 (April 4, 2017), 82 FR 17302 (‘‘NYSE MKT          booths located in 18 Broad Street at the Southeast
                                                information that you wish to make                        Notice’’).                                              wall of the Trading Floor. See NYSE Rule 6A; NYSE
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           4 15 U.S.C. 78s(b)(2).                                MKT Rule 6A—Equities.
                                                available publicly. All submissions                        5 See Securities Exchange Act Release No. 80753          9 See NYSE Rule 36, Supplementary Material
                                                should refer to File Number SR–                          (May 24, 2017), 82 FR 25032 (May 31, 2017). The         .20(a) and .23; NYSE MKT Rule 36—Equities,
                                                NASDAQ–2017–063, and should be                           Commission designated July 9, 2017 as the date by       Supplementary Material .20(a) and .23. NYSE MKT
                                                submitted on or before August 3, 2017.                   which it shall approve, disapprove, or institute        specifies that the Exchange will approve the
                                                                                                         proceedings to determine whether to disapprove the      maintenance of telephone lines only at the booth
                                                                                                         proposed rule changes.                                  location of a member or member organization. See
                                                                                                           6 Each Amendment No. 1 clarified the expected         NYSE MKT Rule 36—Equities, Supplementary
                                                                                                         implementation date of the respective proposed          Material .20(a).



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Document Created: 2017-07-13 01:00:54
Document Modified: 2017-07-13 01:00:54
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 32394 

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