82_FR_32535 82 FR 32402 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend IM-3120-2 to Rule 3120 To Extend the Pilot Program That Eliminated the Position Limits for Options on SPDR S&P 500 ETF (“SPY”) (“SPY Pilot Program”)

82 FR 32402 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend IM-3120-2 to Rule 3120 To Extend the Pilot Program That Eliminated the Position Limits for Options on SPDR S&P 500 ETF (“SPY”) (“SPY Pilot Program”)

SECURITIES AND EXCHANGE COMMISSION

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

Page Range32402-32404
FR Document2017-14661

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32402-32404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14661]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81092; File No. SR-BOX-2017-22]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend IM-3120-2 to Rule 3120 To Extend the Pilot Program That 
Eliminated the Position Limits for Options on SPDR S&P 500 ETF 
(``SPY'') (``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, BOX Options Exchange LLC (the ``Exchange'') 
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 self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 amend IM-3120-2 to Rule 3120 to extend the 
pilot program that eliminated the position

[[Page 32403]]

limits for options on SPDR S&P 500 ETF (``SPY'') (``SPY Pilot 
Program''). The text of the proposed rule change is available from the 
principal office of the Exchange, at the Commission's Public Reference 
Room and also on the Exchange's Internet Web site at http://boxexchange.com.

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 self-regulatory organization 
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 self-regulatory organization 
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 IM-3120-2 to Rule 3120 to extend the 
time period of the SPY Pilot Program,\3\ which is currently scheduled 
to expire on July 12, 2017, through July 12, 2018.\4\
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    \3\ See Securities Exchange Act Release No. 67936 (September 27, 
2012), 77 FR 60491 (October 3, 2012) (Notice of Filing and Immediate 
Effectiveness of SR-BOX-2012-013).
    \4\ See Securities Exchange Act Release No. 78247 (July 7, 
2016), 81 FR 45348 (July 13, 2016) (Notice of Filing and Immediate 
Effectiveness of SR-BOX-2016-31).
---------------------------------------------------------------------------

    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 surrounding margin, and (5) the potential for market on 
close volatility.
    In the proposal to extend the SPY Pilot Program, the Exchange 
stated that if it were to propose an extension, permanent approval or 
termination of the program, the Exchange would submit, along with any 
filing proposing such amendments to the program, a report providing an 
analysis of the SPY Pilot Program covering the period since the 
previous extension (the ``Pilot Report'').\5\ Accordingly, the Exchange 
is submitting the Pilot Report detailing the Exchange's experience with 
the SPY Pilot Program. The Pilot Report is attached as Exhibit 3 to 
this filing [sic]. 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. In extending the SPY Pilot Program, 
the Exchange states that if it were to propose another extension, 
permanent approval or termination of the 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. Extending the SPY Pilot Program 
will give the Exchange and Commission additional time to evaluate the 
pilot and its effect on the market.
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act, in general, and Section 
6(b)(5) of the Act, in particular, in that it is 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. 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.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The 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 without interruption. Additionally, 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 has 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.\6\
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    \6\ 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 \7\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \8\ 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.\9\
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    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ 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

[[Page 32404]]

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:

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-BOX-2017-22 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-BOX-2017-22. 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-BOX-2017-22, and should be 
submitted on or before August 3, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-14661 Filed 7-12-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                32402                          Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

                                                17Ad–22(e)(15)(ii) requires, in part, that                 As described above, the Policy would                  III. Conclusion
                                                the Clearing Agencies hold LNA funded                    identify the General Business Risk                         On the basis of the foregoing, the
                                                by equity equal to the greater of either                 Capital Requirement of each Clearing                    Commission finds that the Proposed
                                                (i) six months of the covered clearing                   Agency as a separate component of each                  Rule Changes are consistent with the
                                                agency’s current operating expenses, or                  Clearing Agency’s Total Capital                         requirements of the Act and in
                                                (ii) the amount determined by the board                  Requirement, and would provide that                     particular with the requirements of
                                                of directors to be sufficient to ensure a                LNA funded by equity as General                         Section 17A(b)(3)(F) 52 and the rules and
                                                recovery or orderly wind-down of                         Business Risk Capital Requirement be in                 regulations thereunder.
                                                critical operations and services of the                  addition to (i) LNA funded by equity                       It is therefore ordered, pursuant to
                                                covered clearing agency.44                               held as that Clearing Agency’s Credit                   Section 19(b)(2) of the Act, that
                                                   As described above, pursuant to the                   Risk Capital Requirement; (ii) resources                proposed rule changes SR–DTC–2017–
                                                Policy, each Clearing Agency would be                    held by that Clearing Agency in                         003, SR–NSCC–2017–004, and SR–
                                                required to calculate and maintain their                 compliance with Rule 17Ad–22(e)(4)                      FICC–2017–007 be, and hereby are,
                                                respective Total Capital Requirement.                    under the Act for credit risk (which                    approved.53
                                                The Total Capital Requirement would                      resources are also held in addition to                    For the Commission, by the Division of
                                                be calculated by summing each Clearing                   that Clearing Agency’s Credit Risk                      Trading and Markets, pursuant to delegated
                                                Agency’s respective General Business                     Capital Requirement); 47 and (iii)                      authority.54
                                                Risk Capital Requirement and Credit                      resources held by that Clearing Agency                  Eduardo A. Aleman,
                                                Risk Capital Requirement, and would be                   in compliance with Rule 17Ad–22(e)(7)                   Assistant Secretary.
                                                satisfied by LNA funded by equity.                       under the Act for liquidity risk.48
                                                                                                                                                                 [FR Doc. 2017–14671 Filed 7–12–17; 8:45 am]
                                                Specifically, as detailed above, the                     Additionally, the Policy would provide
                                                                                                                                                                 BILLING CODE 8011–01–P
                                                Policy would provide that the General                    that the Clearing Agencies must meet
                                                Business Risk Capital Requirement                        their Total Capital Requirement by
                                                would be calculated as the larger of (i)                 holding LNA funded by equity in cash,                   SECURITIES AND EXCHANGE
                                                an amount calculated based on the                        highly liquid securities, or bank                       COMMISSION
                                                Clearing Agency’s general business risk                  deposits, to comply with Rule 17Ad–
                                                profile, defined as its Risk-Based Capital               22(e)(15)(ii)(B). Moreover, the Policy                  [Release No. 34–81092; File No. SR–BOX–
                                                Requirement; (ii) an amount based on                     would provide that the available LNA                    2017–22]
                                                the time estimated to execute a recovery                 funded by equity would be
                                                or orderly wind-down of the critical                     continuously monitored and managed to                   Self-Regulatory Organizations; BOX
                                                operations of the Clearing Agency,                       ensure satisfaction of the Total Capital                Options Exchange LLC; Notice of
                                                defined as its Recovery/Wind-down                        Requirement. Therefore, the                             Filing and Immediate Effectiveness of
                                                Capital Requirement; and (iii) an                        Commission believes that adoption of                    a Proposed Rule Change To Amend
                                                amount based on an analysis of the                       the Policy is consistent with Rule                      IM–3120–2 to Rule 3120 To Extend the
                                                Clearing Agency’s estimated operating                    17Ad–22(e)(15)(ii)(A) and (B) under the                 Pilot Program That Eliminated the
                                                expenses for a six-month period,                         Act.49                                                  Position Limits for Options on SPDR
                                                defined as its Operating Expense Capital                                                                         S&P 500 ETF (‘‘SPY’’) (‘‘SPY Pilot
                                                                                                           Rule 17Ad–22(e)(15)(iii) requires the                 Program’’)
                                                Requirement.                                             Clearing Agencies to maintain a viable
                                                   By requiring each Clearing Agency to                  plan, approved by their Boards, and                     July 7, 2017.
                                                calculate its General Business Risk                      updated at least annually, for raising                     Pursuant to Section 19(b)(1) of the
                                                Capital Requirement as the larger                        additional equity should the LNA                        Securities Exchange Act of 1934 (the
                                                amount of the Risk-Based Capital                         funded by equity fall close to or below                 ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                Requirement, the Recovery/Wind-down                      the amount required.50 As described                     notice is hereby given that on June 29,
                                                Capital Requirement, and the Operating                   above, the Plan would designate to                      2017, BOX Options Exchange LLC (the
                                                Expense Capital Requirement, and by                      Treasury the responsibilities of                        ‘‘Exchange’’) filed with the Securities
                                                requiring the General Business Risk                      monitoring the sufficiency of each                      and Exchange Commission
                                                Capital Requirement with LNA funded                      Clearing Agency’s LNA funded by                         (‘‘Commission’’) the proposed rule
                                                by equity, the Commission believes that                  equity and the triggering events for                    change as described in Items I and II
                                                the Policy is consistent with Rule                       implementation of the Plan. The Plan                    below, which Items have been prepared
                                                17Ad–22(e)(15)(i) and (ii) under the                     also would provide tools to raise                       by the self-regulatory organization. The
                                                Act.45                                                   additional LNA funded by equity, in the                 Commission is publishing this notice to
                                                   Rule 17Ad–22(e)(15)(ii) under the Act                 event that such capital drops near or                   solicit comments on the proposed rule
                                                further requires, in part, that the LNA                  below the Total Capital Requirement. In                 change from interested persons.
                                                funded by equity held by the Clearing                    addition, the Plan would provide that
                                                Agencies pursuant to Rule 17Ad–                                                                                  I. Self-Regulatory Organization’s
                                                                                                         the respective Boards of the Clearing                   Statement of the Terms of the Substance
                                                22(e)(15)(ii) shall be (A) in addition to                Agencies, or such committees as may be
                                                resources held to cover participant                                                                              of the Proposed Rule Change
                                                                                                         delegated authority by the respective
                                                defaults or other credits and liquidity                  Boards, would review and approve the                       The Exchange proposes to amend IM–
                                                risks; and (B) of high quality and                       Plan annually. Therefore, the                           3120–2 to Rule 3120 to extend the pilot
                                                sufficiently liquid to allow the Clearing                Commission believes that adoption of                    program that eliminated the position
sradovich on DSK3GMQ082PROD with NOTICES




                                                Agencies to meet their current and                       the Plan is consistent with Rule 17Ad–
                                                projected operating expenses under a                     22(e)(15)(iii) under the Act.51
                                                                                                                                                                   52 15  U.S.C. 78q–1(b)(3)(F).
                                                                                                                                                                   53 In approving the Proposed Rule Changes, the
                                                range of scenarios, including in adverse
                                                                                                                                                                 Commission considered the proposals’ impact on
                                                market conditions.46                                          47 17  CFR 240.17Ad–22(e)(4).                      efficiency, competition, and capital formation. 15
                                                                                                              48 17  CFR 240.17Ad–22(e)(7).                      U.S.C. 78c(f).
                                                  44 17 CFR 240.17Ad–22(e)(15)(ii).                           49 17 CFR 240.17Ad–22(e)(15)(ii)(A), (B).             54 17 CFR 200.30–3(a)(12).
                                                  45 17 CFR 240.17Ad–22(e)(15)(i), (ii).                      50 17 CFR 240.17Ad–22(e)(15)(iii).                    1 15 U.S.C. 78s(b)(1).
                                                  46 17 CFR 240.17Ad–22(e)(15)(ii)(A), (B).                   51 Id.                                                2 17 CFR 240.19b–4.




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                                                                               Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices                                                      32403

                                                limits for options on SPDR S&P 500 ETF                   Pilot Program covering the period since                 Exchange expects other SROs will
                                                (‘‘SPY’’) (‘‘SPY Pilot Program’’). The text              the previous extension (the ‘‘Pilot                     propose similar extensions.
                                                of the proposed rule change is available                 Report’’).5 Accordingly, the Exchange is
                                                                                                                                                                 C. Self-Regulatory Organization’s
                                                from the principal office of the                         submitting the Pilot Report detailing the
                                                                                                                                                                 Statement on Comments on the
                                                Exchange, at the Commission’s Public                     Exchange’s experience with the SPY
                                                                                                                                                                 Proposed Rule Change Received From
                                                Reference Room and also on the                           Pilot Program. The Pilot Report is
                                                Exchange’s Internet Web site at http://                  attached as Exhibit 3 to this filing [sic].             Members, Participants, or Others
                                                boxexchange.com.                                         The Exchange notes that it is unaware                     The Exchange has neither solicited
                                                                                                         of any problems created by the SPY                      nor received comments on the proposed
                                                II. Self-Regulatory Organization’s                                                                               rule change.
                                                                                                         Pilot Program and does not foresee any
                                                Statement of the Purpose of, and
                                                                                                         as a result of the proposed extension. In               III. Date of Effectiveness of the
                                                Statutory Basis for, the Proposed Rule
                                                                                                         extending the SPY Pilot Program, the                    Proposed Rule Change and Timing for
                                                Change
                                                                                                         Exchange states that if it were to                      Commission Action
                                                   In its filing with the Commission, the                propose another extension, permanent
                                                self-regulatory organization included                    approval or termination of the program,                    Because the foregoing proposed rule
                                                statements concerning the purpose of,                    the Exchange will submit another Pilot                  change does not: (i) Significantly affect
                                                and basis for, the proposed rule change                  Report covering the period since the                    the protection of investors or the public
                                                and discussed any comments it received                   previous extension, which will be                       interest; (ii) impose any significant
                                                on the proposed rule change. The text                    submitted at least 30 days before the                   burden on competition; and (iii) become
                                                of these statements may be examined at                   end of the proposed extension. If the                   operative for 30 days from the date on
                                                the places specified in Item IV below.                   SPY Pilot Program is not extended or                    which it was filed, or such shorter time
                                                The self-regulatory organization has                     adopted on a permanent basis by July                    as the Commission may designate, it has
                                                prepared summaries, set forth in                         12, 2018, position limits in SPY will                   become effective pursuant to Section
                                                Sections A, B, and C below, of the most                  revert to their Pre-Pilot levels.                       19(b)(3)(A) of the Act and Rule 19b–
                                                significant aspects of such statements.                  Extending the SPY Pilot Program will                    4(f)(6) thereunder.6
                                                                                                         give the Exchange and Commission                           A proposed rule change filed
                                                A. Self-Regulatory Organization’s
                                                                                                         additional time to evaluate the pilot and               pursuant to Rule 19b–4(f)(6) under the
                                                Statement of the Purpose of, and
                                                Statutory Basis for, the Proposed Rule                   its effect on the market.                               Act 7 normally does not become
                                                Change                                                                                                           operative for 30 days after the date of its
                                                                                                         2. Statutory Basis                                      filing. However, Rule 19b–4(f)(6)(iii) 8
                                                1. Purpose                                                  The Exchange believes that the                       permits the Commission to designate a
                                                   The Exchange proposes to amend IM–                    proposal is consistent with the                         shorter time if such action is consistent
                                                3120–2 to Rule 3120 to extend the time                   requirements of Section 6(b) of the Act,                with the protection of investors and the
                                                period of the SPY Pilot Program,3 which                  in general, and Section 6(b)(5) of the                  public interest. The Exchange has asked
                                                is currently scheduled to expire on July                 Act, in particular, in that it is designed              the Commission to waive the 30-day
                                                12, 2017, through July 12, 2018.4                        to prevent fraudulent and manipulative                  operative delay so that the proposal may
                                                   This filing does not propose any                      acts and practices, to promote just and                 become operative immediately upon
                                                substantive changes to the SPY Pilot                     equitable principles of trade, to remove                filing. The Exchange believes that
                                                Program. In proposing to extend the                      impediments to and perfect the                          waiver of the operative delay is
                                                SPY Pilot Program, the Exchange                          mechanism of a free and open market                     consistent with the protection of
                                                reaffirms its consideration of several                   and a national market system, and, in                   investors and the public interest
                                                factors that supported the original                      general, to protect investors and the                   because it will allow the SPY Pilot
                                                proposal of the SPY Pilot Program,                       public interest. The Exchange believes                  Program to continue without
                                                including (1) the availability of                        that extending the SPY Pilot Program                    interruption. The Commission believes
                                                economically equivalent products and                     promotes just and equitable principles                  that waiving the 30-day operative delay
                                                their respective position limits, (2) the                of trade by permitting market                           is consistent with the protection of
                                                liquidity of the option and the                          participants, including market makers,                  investors and the public interest.
                                                underlying security, (3) the market                      institutional investors and retail                      Therefore, the Commission hereby
                                                capitalization of the underlying security                investors, to establish greater positions               waives the operative delay and
                                                and the related index, (4) the reporting                 when pursuing their investment goals                    designates the proposed rule change
                                                of large positions and requirements                      and needs.                                              operative upon filing.9
                                                surrounding margin, and (5) the                          B. Self-Regulatory Organization’s                          At any time within 60 days of the
                                                potential for market on close volatility.                Statement on Burden on Competition                      filing of the proposed rule change, the
                                                   In the proposal to extend the SPY                                                                             Commission summarily may
                                                Pilot Program, the Exchange stated that                    The Exchange does not believe that                    temporarily suspend such rule change if
                                                if it were to propose an extension,                      the proposed rule change will impose                    it appears to the Commission that such
                                                permanent approval or termination of                     any burden on competition not
                                                the program, the Exchange would                          necessary or appropriate in furtherance                   6 17 CFR 240.19b–4(f)(6). As required under Rule

                                                submit, along with any filing proposing                  of the purposes of the Act. The                         19b–4(f)(6)(iii), the Exchange provided the
                                                                                                         proposed rule change is not designed to                 Commission with written notice of its intent to file
                                                such amendments to the program, a                                                                                the proposed rule change, along with a brief
                                                report providing an analysis of the SPY                  address any aspect of competition,                      description and the text of the proposed rule
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         whether between the Exchange and its                    change, at least five business days prior to the date
                                                   3 See Securities Exchange Act Release No. 67936       competitors, or among market                            of filing of the proposed rule change, or such
                                                (September 27, 2012), 77 FR 60491 (October 3,            participants. Instead, the proposed rule                shorter time as designated by the Commission.
                                                                                                                                                                   7 17 CFR 240.19b–4(f)(6).
                                                2012) (Notice of Filing and Immediate Effectiveness      change is designed to allow the SPY
                                                of SR–BOX–2012–013).                                                                                               8 17 CFR 240.19b–4(f)(6)(iii).
                                                   4 See Securities Exchange Act Release No. 78247
                                                                                                         Pilot Program to continue without                         9 For purposes only of waiving the 30-day

                                                (July 7, 2016), 81 FR 45348 (July 13, 2016) (Notice      interruption. Additionally, the                         operative delay, the Commission has considered the
                                                of Filing and Immediate Effectiveness of SR–BOX–                                                                 proposed rule’s impact on efficiency, competition,
                                                2016–31).                                                     5 Id.                                              and capital formation. See 15 U.S.C. 78c(f).



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                                                32404                          Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

                                                action is necessary or appropriate in the                2017–22, and should be submitted on or                    II. Self-Regulatory Organization’s
                                                public interest, for the protection of                   before August 3, 2017.                                    Statement of the Purpose of, and
                                                investors, or otherwise in furtherance of                  For the Commission, by the Division of
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                the purposes of the Act. If the                          Trading and Markets, pursuant to delegated                Change
                                                Commission takes such action, the                        authority.10
                                                Commission shall institute proceedings                                                                               In its filing with the Commission, the
                                                                                                         Eduardo A. Aleman,                                        Exchange included statements
                                                to determine whether the proposed rule
                                                should be approved or disapproved.                       Assistant Secretary.                                      concerning the purpose of and basis for
                                                                                                         [FR Doc. 2017–14661 Filed 7–12–17; 8:45 am]               the proposed rule change and discussed
                                                IV. Solicitation of Comments                                                                                       any comments it received on the
                                                                                                         BILLING CODE 8011–01–P
                                                  Interested persons are invited to                                                                                proposed rule change. The text of these
                                                submit written data, views, and                                                                                    statements may be examined at the
                                                arguments concerning the foregoing,                      SECURITIES AND EXCHANGE                                   places specified in Item IV below. The
                                                including whether the proposed rule                      COMMISSION                                                Exchange has prepared summaries, set
                                                change is consistent with the Act.                                                                                 forth in sections A, B, and C below, of
                                                Comments may be submitted by any of                                                                                the most significant aspects of such
                                                                                                         [Release No. 34–81091; File No. SR–Phlx–
                                                the following methods:                                                                                             statements.
                                                                                                         2017–52]
                                                Electronic Comments                                                                                                A. Self-Regulatory Organization’s
                                                                                                         Self-Regulatory Organizations;                            Statement of the Purpose of, and
                                                  • Use the Commission’s Internet                        NASDAQ PHLX LLC; Notice of Filing                         Statutory Basis for, the Proposed Rule
                                                comment form (http://www.sec.gov/                        and Immediate Effectiveness of                            Change
                                                rules/sro.shtml); or                                     Proposed Rule Change To Extend the
                                                  • Send an email to rule-comments@                                                                                1. Purpose
                                                                                                         SPY Pilot Program
                                                sec.gov. Please include File Number SR–                                                                               The purpose of the proposed rule
                                                BOX–2017–22 on the subject line.                         July 7, 2017.
                                                                                                                                                                   change is to amend the Rule 1001
                                                Paper Comments                                              Pursuant to Section 19(b)(1) of the                    (Position Limits), to extend the current
                                                                                                                                                                   pilot which expires on July 12, 2017 for
                                                   • Send paper comments in triplicate                   Securities Exchange Act of 1934 (the
                                                                                                                                                                   an additional twelve (12) month time
                                                to Brent J. Fields, Secretary, Securities                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                                   period to July 12, 2018 (‘‘Extended
                                                and Exchange Commission, 100 F Street                    notice is hereby given that on June 29,
                                                                                                                                                                   Pilot’’). This filing does not propose any
                                                NE., Washington, DC 20549–1090.                          2017, NASDAQ PHLX LLC (‘‘Phlx’’ or
                                                                                                                                                                   substantive changes to the SPY Pilot
                                                All submissions should refer to File                     ‘‘Exchange’’) filed with the Securities                   Program. In proposing to extend the
                                                Number SR–BOX–2017–22. This file                         and Exchange Commission (‘‘SEC’’ or                       SPY Pilot Program, the Exchange
                                                number should be included on the                         ‘‘Commission’’) the proposed rule                         reaffirms its consideration of several
                                                subject line if email is used. To help the               change as described in Items I and II                     factors that supported the original
                                                Commission process and review your                       below, which Items have been prepared                     proposal of the SPY Pilot Program,
                                                comments more efficiently, please use                    by the Exchange. The Commission is                        including (1) the availability of
                                                only one method. The Commission will                     publishing this notice to solicit                         economically equivalent products and
                                                post all comments on the Commission’s                    comments on the proposed rule change                      their respective position limits; (2) the
                                                Internet Web site (http://www.sec.gov/                   from interested persons.                                  liquidity of the option and the
                                                rules/sro.shtml). Copies of the                                                                                    underlying security; (3) the market
                                                submission, all subsequent                               I. Self-Regulatory Organization’s
                                                                                                                                                                   capitalization of the underlying security
                                                amendments, all written statements                       Statement of the Terms of the Substance
                                                                                                                                                                   and the related index; (4) the reporting
                                                with respect to the proposed rule                        of the Proposed Rule Change                               of large positions and requirements
                                                change that are filed with the                              The Exchange proposes to extend for                    surrounding margin; and (5) the
                                                Commission, and all written                                                                                        potential for market on close volatility.
                                                                                                         another twelve (12) month time period
                                                communications relating to the                                                                                        With this proposal, the Exchange
                                                                                                         the pilot program to eliminate position
                                                proposed rule change between the                                                                                   submits the SPY report to the
                                                Commission and any person, other than                    limits for options on the SPDR® S&P
                                                                                                         500® exchange-traded fund (‘‘SPY ETF’’                    Commission, which report reflects,
                                                those that may be withheld from the                                                                                during the time period from May 2016
                                                public in accordance with the                            or ‘‘SPY’’),3 which list and trade under
                                                                                                         the symbol SPY (‘‘SPY Pilot Program’’).                   through May 2017, the trading of
                                                provisions of 5 U.S.C. 552, will be                                                                                standardized SPY options with no
                                                available for Web site viewing and                          The text of the proposed rule change                   position limits consistent with option
                                                printing in the Commission’s Public                      is available on the Exchange’s Web site                   exchange provisions.4 The report was
                                                Reference Room, 100 F Street NE.,                        at http://nasdaqphlx.cchwallstreet.                       prepared in the manner specified in the
                                                Washington, DC 20549 on official                         com/, at the principal office of the                      Exchange’s prior rule filing extending
                                                business days between the hours of                       Exchange, and at the Commission’s                         the SPY Pilot Program.5 The Exchange
                                                10:00 a.m. and 3:00 p.m. Copies of such                  Public Reference Room.                                    notes that it is unaware of any problems
                                                filing also will be available for                                                                                  created by the SPY Pilot Program and
                                                inspection and copying at the principal                       10 17
                                                                                                                  CFR 200.30–3(a)(12).                             does not foresee any as a result of the
                                                office of the Exchange. All comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                              1 15
                                                                                                                 U.S.C. 78s(b)(1).                                 proposed extension. The proposed
                                                received will be posted without change;                     2 17 CFR 240.19b–4.
                                                                                                                                                                   extension will allow the Exchange and
                                                the Commission does not edit personal                       3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’ ‘‘S&P
                                                                                                                                                                   the Commission additional time to
                                                identifying information from                             500®,’’ and ‘‘Standard & Poor’s 500’’ are registered
                                                submissions. You should submit only                      trademarks of Standard & Poor’s Financial Services
                                                                                                         LLC. The SPY ETF represents ownership in the                4 The report is attached as Exhibit 3 [sic].
                                                information that you wish to make                        SPDR S&P 500 Trust, a unit investment trust that            5 SeeSecurities Exchange Act Release No. 78124
                                                available publicly. All submissions                      generally corresponds to the price and yield              (June 22, 2016), 81 FR 42008 (June 28, 2016) (SR–
                                                should refer to File Number SR–BOX–                      performance of the SPDR S&P 500 Index.                    PHLX–2016–68).



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Document Created: 2017-07-13 01:00:23
Document Modified: 2017-07-13 01:00:23
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 32402 

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