82_FR_32548 82 FR 32415 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the SPY Pilot Program

82 FR 32415 - Self-Regulatory Organizations; NASDAQ BX, Inc.; 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 Range32415-32417
FR Document2017-14662

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32415-32417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14662]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81093; File No. SR-BX-2017-030]


Self-Regulatory Organizations; NASDAQ BX, Inc.; 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, NASDAQ BX, Inc. (``BX'' 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://nasdaqbx.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 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

[[Page 32416]]

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. 78125 (June 22, 
2016), 81 FR 42009 (June 28, 2016) (SR-BX-2016-030).
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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.

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-BX-2017-030 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-BX-2017-030. 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

[[Page 32417]]

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-BX-2017-030, 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. 2017-14662 Filed 7-12-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices                                                      32415

                                                organization consents, the Commission                    2017–31, and should be submitted on or                    II. Self-Regulatory Organization’s
                                                will:                                                    before August 3, 2017.                                    Statement of the Purpose of, and
                                                  (A) By order approve or disapprove                       For the Commission, by the Division of
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                the proposed rule change, or                             Trading and Markets, pursuant to delegated                Change
                                                  (B) institute proceedings to determine                 authority.8                                                 In its filing with the Commission, the
                                                whether the proposed rule change                         Eduardo A. Aleman,                                        Exchange included statements
                                                should be disapproved.                                   Assistant Secretary.                                      concerning the purpose of and basis for
                                                IV. Solicitation of Comments                             [FR Doc. 2017–14669 Filed 7–12–17; 8:45 am]
                                                                                                                                                                   the proposed rule change and discussed
                                                                                                                                                                   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,                                                                                places specified in Item IV below. The
                                                including whether the proposed rule                      SECURITIES AND EXCHANGE
                                                                                                                                                                   Exchange has prepared summaries, set
                                                change is consistent with the Act.                       COMMISSION                                                forth in sections A, B, and C below, of
                                                Comments may be submitted by any of                                                                                the most significant aspects of such
                                                the following methods:                                   [Release No. 34–81093; File No. SR–BX–                    statements.
                                                                                                         2017–030]
                                                Electronic Comments                                                                                                A. Self-Regulatory Organization’s
                                                                                                         Self-Regulatory Organizations;                            Statement of the Purpose of, and
                                                  • Use the Commission’s Internet
                                                                                                         NASDAQ BX, Inc.; Notice of Filing and                     Statutory Basis for, the Proposed Rule
                                                comment form (http://www.sec.gov/
                                                                                                         Immediate Effectiveness of Proposed                       Change
                                                rules/sro.shtml); or
                                                  • Send an email to rule-comments@                      Rule Change To Extend the SPY Pilot                       1. Purpose
                                                sec.gov. Please include File Number SR–                  Program
                                                                                                                                                                      The purpose of the proposed rule
                                                NYSE–2017–31 on the subject line.                        July 7, 2017.                                             change is to amend the Supplementary
                                                Paper Comments                                                                                                     Material at the end of Chapter III,
                                                                                                            Pursuant to Section 19(b)(1) of the
                                                                                                                                                                   Section 7 (Position Limits) to extend the
                                                   • Send paper comments in triplicate                   Securities Exchange Act of 1934 (the                      current pilot which expires on July 12,
                                                to Secretary, Securities and Exchange                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                    2017 for an additional twelve (12)
                                                Commission, 100 F Street NE.,                            notice is hereby given that on June 29,                   month time period to July 12, 2018
                                                Washington, DC 20549–1090.                               2017, NASDAQ BX, Inc. (‘‘BX’’ or                          (‘‘Extended Pilot’’). This filing does not
                                                                                                         ‘‘Exchange’’) filed with the Securities                   propose any substantive changes to the
                                                All submissions should refer to File
                                                Number SR–NYSE–2017–31. This file                        and Exchange Commission (‘‘SEC’’ or                       SPY Pilot Program. In proposing to
                                                number should be included on the                         ‘‘Commission’’) the proposed rule                         extend the SPY Pilot Program, the
                                                subject line if email is used. To help the               change as described in Items I and II                     Exchange reaffirms its consideration of
                                                Commission process and review your                       below, which Items have been prepared                     several factors that supported the
                                                comments more efficiently, please use                    by the Exchange. The Commission is                        original proposal of the SPY Pilot
                                                only one method. The Commission will                     publishing this notice to solicit                         Program, including (1) the availability of
                                                post all comments on the Commission’s                    comments on the proposed rule change                      economically equivalent products and
                                                Internet Web site (http://www.sec.gov/                   from interested persons.                                  their respective position limits; (2) the
                                                rules/sro.shtml). Copies of the                                                                                    liquidity of the option and the
                                                                                                         I. Self-Regulatory Organization’s                         underlying security; (3) the market
                                                submission, all subsequent
                                                                                                         Statement of the Terms of the Substance                   capitalization of the underlying security
                                                amendments, all written statements
                                                                                                         of the Proposed Rule Change                               and the related index; (4) the reporting
                                                with respect to the proposed rule
                                                change that are filed with the                              The Exchange proposes to extend for                    of large positions and requirements
                                                Commission, and all written                                                                                        surrounding margin; and (5) the
                                                                                                         another twelve (12) month time period
                                                communications relating to the                                                                                     potential for market on close volatility.
                                                                                                         the pilot program to eliminate position
                                                proposed rule change between the                                                                                      With this proposal, the Exchange
                                                                                                         limits for options on the SPDR® S&P                       submits the SPY report to the
                                                Commission and any person, other than                    500® exchange-traded fund (‘‘SPY ETF’’
                                                those that may be withheld from the                                                                                Commission, which report reflects,
                                                                                                         or ‘‘SPY’’),3 which list and trade under                  during the time period from May 2016
                                                public in accordance with the
                                                                                                         the symbol SPY (‘‘SPY Pilot Program’’).                   through May 2017, the trading of
                                                provisions of 5 U.S.C. 552, will be
                                                available for Web site viewing and                          The text of the proposed rule change                   standardized SPY options with no
                                                printing in the Commission’s Public                      is available on the Exchange’s Web site                   position limits consistent with option
                                                Reference Room, 100 F Street NE.,                        at http://nasdaqbx.cchwallstreet.com/,                    exchange provisions.4 The report was
                                                Washington, DC 20549, on official                        at the principal office of the Exchange,                  prepared in the manner specified in the
                                                business days between the hours of                       and at the Commission’s Public                            Exchange’s prior rule filing extending
                                                10:00 a.m. and 3:00 p.m. Copies of the                   Reference Room.                                           the SPY Pilot Program.5 The Exchange
                                                filing also will be available for                                                                                  notes that it is unaware of any problems
                                                inspection and copying at the principal                       8 17
                                                                                                                 CFR 200.30–3(a)(12).                              created by the SPY Pilot Program and
                                                office of the Exchange. All comments                          1 15
                                                                                                                 U.S.C. 78s(b)(1).                                 does not foresee any as a result of the
sradovich on DSK3GMQ082PROD with NOTICES




                                                received will be posted without change;                     2 17 CFR 240.19b–4.                                    proposed extension. The proposed
                                                the Commission does not edit personal                       3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’ ‘‘S&P   extension will allow the Exchange and
                                                identifying information from                             500®,’’ and ‘‘Standard & Poor’s 500’’ are registered      the Commission additional time to
                                                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. 78125
                                                available publicly. All submissions                      generally corresponds to the price and yield              (June 22, 2016), 81 FR 42009 (June 28, 2016) (SR–
                                                should refer to File Number SR–NYSE–                     performance of the SPDR S&P 500 Index.                    BX–2016–030).



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                                                32416                             Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

                                                further evaluate the pilot program and                      investment goals and needs. The                         filing. However, Rule 19b–4(f)(6)(iii) 10
                                                its effect on the market.                                   Exchange also believes that                             permits the Commission to designate a
                                                   As with the original proposal to                         economically equivalent products                        shorter time if such action is consistent
                                                establish the SPY Pilot Program, the                        should be treated in an equivalent                      with the protection of investors and the
                                                Exchange represents that a SPY Pilot                        manner so as to avoid regulatory                        public interest. The Exchange has asked
                                                Report will be submitted at least thirty                    arbitrage, especially with respect to                   the Commission to waive the 30-day
                                                (30) days before the end of the Extended                    position limits. Treating SPY and SPX                   operative delay so that the proposal may
                                                Pilot and would analyze that period.                        options differently by virtue of imposing               become operative immediately upon
                                                The Pilot Report will detail the size and                   different position limits is inconsistent               filing. The Exchange believes that
                                                different types of strategies employed                      with the notion of promoting just and                   waiver of the operative delay is
                                                with respect to positions established as                    equitable principles of trade and                       consistent with the protection of
                                                a result of the elimination of position                     removing impediments to perfect the                     investors and the public interest
                                                limits in SPY. In addition, the report                      mechanisms of a free and open market.                   because it will allow the SPY Pilot
                                                will note whether any problems resulted                     At the same time, the Exchange believes                 Program to continue without
                                                due to the no limit approach and any                        that the elimination of position limits                 interruption. The Commission believes
                                                other information that may be useful in                     for SPY options would not increase                      that waiving the 30-day operative delay
                                                evaluating the effectiveness of the                         market volatility or facilitate the ability             is consistent with the protection of
                                                Extended Pilot. The Pilot Report will                       to manipulate the market.                               investors and the public interest.
                                                compare the impact of the SPY Pilot                                                                                 Therefore, the Commission hereby
                                                Program, if any, on the volumes of SPY                      B. Self-Regulatory Organization’s
                                                                                                                                                                    waives the operative delay and
                                                options and the volatility in the price of                  Statement on Burden on Competition
                                                                                                                                                                    designates the proposed rule change
                                                the underlying SPY shares, particularly                        The proposed rule change does not                    operative upon filing.11
                                                at expiration during the Extended Pilot.                    impose any burden on competition that                      At any time within 60 days of the
                                                In preparing the report the Exchange                        is not necessary or appropriate in                      filing of the proposed rule change, the
                                                will utilize various data elements such                     furtherance of the purposes of the Act.                 Commission summarily may
                                                as volume and open interest. In addition                    In this regard, the Exchange notes that                 temporarily suspend such rule change if
                                                the Exchange will make available to                         the rule change is being proposed as a                  it appears to the Commission that such
                                                Commission staff data elements relating                     competitive response to similar filings                 action is necessary or appropriate in the
                                                to the effectiveness of the SPY Pilot                       that the Exchange expects to be filed by                public interest, for the protection of
                                                Program. Conditional on the findings in                     other options exchanges. The Exchange                   investors, or otherwise in furtherance of
                                                the SPY Pilot Report, the Exchange will                     believes this proposed rule change is                   the purposes of the Act. If the
                                                file with the Commission a proposal to                      necessary to permit fair competition                    Commission takes such action, the
                                                extend the pilot program, adopt the                         among the options exchanges and to                      Commission shall institute proceedings
                                                pilot program on a permanent basis or                       establish uniform position limits for a                 to determine whether the proposed rule
                                                terminate the pilot. If the SPY Pilot                       multiply listed options class.                          should be approved or disapproved.
                                                Program is not extended or adopted on                       C. Self-Regulatory Organization’s                       IV. Solicitation of Comments
                                                a permanent basis by the expiration of                      Statement on Comments on the
                                                the Extended Pilot, the position limits                                                                               Interested persons are invited to
                                                                                                            Proposed Rule Change Received From                      submit written data, views, and
                                                for SPY options would revert to limits                      Members, Participants, or Others
                                                in effect prior to the commencement of                                                                              arguments concerning the foregoing,
                                                the SPY Pilot Program.                                        No written comments were either                       including whether the proposed rule
                                                                                                            solicited or received.                                  change is consistent with the Act.
                                                2. Statutory Basis                                                                                                  Comments may be submitted by any of
                                                                                                            III. Date of Effectiveness of the
                                                   The Exchange believes that its                           Proposed Rule Change and Timing for                     the following methods:
                                                proposal is consistent with Section 6(b)                    Commission Action                                       Electronic Comments
                                                of the Act 6 in general, and furthers the
                                                objectives of Section 6(b)(5) of the Act 7                     Because the foregoing proposed rule                    • Use the Commission’s Internet
                                                in particular, in that it is designed to                    change does not: (i) Significantly affect               comment form (http://www.sec.gov/
                                                prevent fraudulent and manipulative                         the protection of investors or the public               rules/sro.shtml); or
                                                acts and practices, to promote just and                     interest; (ii) impose any significant                     • Send an email to rule-comments@
                                                equitable principles of trade, to foster                    burden on competition; and (iii) become                 sec.gov. Please include File Number SR–
                                                                                                            operative for 30 days from the date on                  BX–2017–030 on the subject line.
                                                cooperation and coordination with
                                                                                                            which it was filed, or such shorter time
                                                persons engaged in facilitating                                                                                     Paper Comments
                                                                                                            as the Commission may designate, it has
                                                transactions in securities, to remove                                                                                 • Send paper comments in triplicate
                                                                                                            become effective pursuant to Section
                                                impediments to and perfect the                                                                                      to Brent J. Fields, Secretary, Securities
                                                                                                            19(b)(3)(A) of the Act and Rule 19b–
                                                mechanism of a free and open market                                                                                 and Exchange Commission, 100 F Street
                                                                                                            4(f)(6) thereunder.8
                                                and a national market system and, in                           A proposed rule change filed                         NE., Washington, DC 20549–1090.
                                                general, to protect investors and the                       pursuant to Rule 19b–4(f)(6) under the                  All submissions should refer to File
                                                public interest.                                            Act 9 normally does not become
                                                   The Exchange believes that the                                                                                   Number SR–BX–2017–030. This file
                                                                                                            operative for 30 days after the date of its             number should be included on the
                                                proposed rule change would be
                                                                                                                                                                    subject line if email is used. To help the
sradovich on DSK3GMQ082PROD with NOTICES




                                                beneficial to market participants,                            8 17 CFR 240.19b–4(f)(6). As required under Rule
                                                including market makers, institutional                                                                              Commission process and review your
                                                                                                            19b–4(f)(6)(iii), the Exchange provided the
                                                investors and retail investors, by                          Commission with written notice of its intent to file
                                                                                                                                                                    comments more efficiently, please use
                                                permitting them to establish greater                        the proposed rule change, along with a brief
                                                                                                            description and the text of the proposed rule             10 17CFR 240.19b–4(f)(6)(iii).
                                                positions when pursuing their                               change, at least five business days prior to the date     11 Forpurposes only of waiving the 30-day
                                                                                                            of filing of the proposed rule change, or such          operative delay, the Commission has considered the
                                                  6 15   U.S.C. 78f(b).                                     shorter time as designated by the Commission.           proposed rule’s impact on efficiency, competition,
                                                  7 15   U.S.C. 78f(b)(5).                                    9 17 CFR 240.19b–4(f)(6).                             and capital formation. See 15 U.S.C. 78c(f).



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                                                                               Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices                                                       32417

                                                only one method. The Commission will                     the proposed rule change as described                   (A) Clearing Agency’s Statement of the
                                                post all comments on the Commission’s                    in Items I, II and III below, which Items               Purpose of, and Statutory Basis for, the
                                                Internet Web site (http://www.sec.gov/                   have been prepared by the clearing                      Proposed Rule Change
                                                rules/sro.shtml). Copies of the                          agency. DTC filed the proposed rule                     1. Purpose
                                                submission, all subsequent                               change pursuant to Section 19(b)(3)(A)
                                                amendments, all written statements                       of the Act 3 and Rule 19b–4(f)(4) 4                     Background
                                                with respect to the proposed rule                        thereunder. The proposed rule change                       Memo Seg allows a Participant to
                                                change that are filed with the                           was effective upon filing with the                      elect to protect a designated quantity of
                                                Commission, and all written                              Commission. The Commission is                           Securities in a given CUSIP
                                                communications relating to the                           publishing this notice to solicit                       (‘‘Designated Quantity’’) from
                                                proposed rule change between the                         comments on the proposed rule change                    unintended intraday Delivery at DTC.8
                                                Commission and any person, other than                    from interested persons.                                When a Participant uses Memo Seg, if
                                                those that may be withheld from the                                                                              the total quantity of Securities in its
                                                public in accordance with the                            I. Clearing Agency’s Statement of the                   account in a given CUSIP as a result of
                                                provisions of 5 U.S.C. 552, will be                      Terms of Substance of the Proposed                      processing the Delivery would be equal
                                                available for Web site viewing and                       Rule Change                                             to, or less than, the Designated Quantity,
                                                printing in the Commission’s Public                                                                              the Securities will not be Delivered,
                                                Reference Room, 100 F Street NE.,                           The proposed rule change would                       unless (a) the Participant elects to
                                                Washington, DC 20549 on official                         revise the DTC Settlement Service                       reduce the Designated Quantity or (b)
                                                business days between the hours of                       Guide (‘‘Service Guide’’) 5 to enhance                  the Designated Quantity is
                                                10:00 a.m. and 3:00 p.m. Copies of such                  the Memo Segregation function (‘‘Memo                   automatically reduced as a result of the
                                                filing also will be available for                        Seg’’) with respect to its use by a                     Participant executing certain
                                                inspection and copying at the principal                  Participant 6 in connection with                        transactions (e.g., withdrawals-by-
                                                office of the Exchange. All comments                     Deliveries processed at DTC for                         transfer, certificate-on-demand
                                                received will be posted without change;                  transactions related to DRS,7 as                        withdrawals, and free Deliveries that are
                                                the Commission does not edit personal                    discussed below.                                        not identified as stock loan or stock loan
                                                identifying information from                                                                                     returns).9 This allows for automated
                                                submissions. You should submit only                      II. Clearing Agency’s Statement of the                  processing of Securities, reducing
                                                information that you wish to make                        Purpose of, and Statutory Basis for, the                manual entries of a Participant to
                                                available publicly. All submissions                      Proposed Rule Change                                    maintain a certain quantity of Securities
                                                should refer to File Number SR–BX–                                                                               in an Account.
                                                2017–030, and should be submitted on                       In its filing with the Commission, the
                                                or before August 3, 2017.                                clearing agency included statements                     Proposed Rule Change
                                                                                                         concerning the purpose of and basis for
                                                  For the Commission, by the Division of                                                                         1. Proposal That Standing Instructions
                                                                                                         the proposed rule change and discussed                  From a Receiving Participant Would
                                                Trading and Markets, pursuant to delegated
                                                authority.12                                             any comments it received on the                         Automatically Increase the Participant’s
                                                Eduardo A. Aleman,
                                                                                                         proposed rule change. The text of these                 Designated Quantity for Deliveries
                                                                                                         statements may be examined at the                       Associated With DRS Transactions
                                                Assistant Secretary.
                                                                                                         places specified in Item IV below. The
                                                [FR Doc. 2017–14662 Filed 7–12–17; 8:45 am]
                                                                                                         clearing agency has prepared                               By providing standing instructions, a
                                                BILLING CODE 8011–01–P
                                                                                                         summaries, set forth in sections A, B,                  Receiving Participant may currently
                                                                                                         and C below, of the most significant                    elect to have Deliveries of Securities for
                                                                                                                                                                 certain types of transactions
                                                SECURITIES AND EXCHANGE                                  aspects of such statements.
                                                                                                                                                                 automatically increase the Receiving
                                                COMMISSION                                                                                                       Participant’s Designated Quantity.10
                                                                                                              3 15
                                                                                                                 U.S.C. 78s(b)(3)(A).
                                                [Release No. 34–81099; File No. SR–DTC–                       4 17
                                                                                                                                                                 However, Securities transferred through
                                                                                                                 CFR 240.19b–4(f)(4).
                                                2017–012]                                                   5 Available at http://www.dtcc.com/∼/media/          DRS do not automatically increase the
                                                                                                         Files/Downloads/legal/service-guides/                   Receiving Participant’s Designated
                                                Self-Regulatory Organizations; The                       Settlement.pdf. Each term not otherwise defined         Amount. The Regulatory and Clearance
                                                Depository Trust Company; Notice of                      herein has its respective meaning as set forth in the
                                                Filing and Immediate Effectiveness of                    Rules, By-Laws and Organization Certificate of DTC         8 Participants that are registered broker-dealers
                                                                                                         (the ‘‘Rules’’), available at http://www.dtcc.com/      use Memo Seg as a tool to maintain compliance
                                                a Proposed Rule Change To Modify the                     legal/rules-and-procedures.aspx, and the Service        with their obligations under Rule 15c3–3
                                                DTC Settlement Service Guide in Order                    Guide.                                                  (‘‘Customer Protection Rule’’). 17 CFR 240.15c3–3.
                                                To Enhance the Memo Segregation                             6 For the purposes of this proposed rule change,
                                                                                                                                                                 The Customer Protection Rule requires, among
                                                Function in Connection With Deliveries                   the term Participant refers to both Participants and    other things, that broker-dealers maintain control of
                                                                                                         Limited Participants that use the Direct Registration   all fully-paid or excess margin Securities they hold
                                                Processed at DTC Related to the Direct                   System (‘‘DRS’’), as discussed below. (Pursuant to      for the accounts of customers. Compliance with
                                                Registration System                                      Rule 2 ‘‘. . . the term ‘‘Participant’’ shall include   those obligations by such broker-dealers is external
                                                                                                         the term ‘‘Limited Participant’’ unless the (i)         to DTC. See Rule 2, supra note 5.
                                                July 7, 2017.                                            context otherwise requires or (ii) the Procedures          9 See Service Guide, supra note 5, at 43–45.
                                                   Pursuant to Section 19(b)(1) of the                   otherwise provide.’’ See Rule 2, supra note 5.)            10 Transaction types are designated by the

                                                Securities Exchange Act of 1934                             7 External to DTC, DRS allows an investor to hold
                                                                                                                                                                 Delivering Participant using a reason code provided
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                  a Security as the registered owner in electronic form   on a Delivery instruction (‘‘Code’’) (e.g., stock loan
                                                                                                         on the books of a transfer agent rather than holding
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                 transactions, DRS-related, etc.). The Receiving
                                                notice is hereby given that on June 30,                  a certificate or holding indirectly through a           Participant may provide standing instructions
                                                2017, The Depository Trust Company                       Securities Intermediary (e.g., a broker-dealer). DRS-   regarding its Designated Quantity using an indicator
                                                (‘‘DTC’’) filed with the Securities and                  related transactions between transfer agents and        (‘‘Indicator’’), as discussed in the Service Guide. By
                                                Exchange Commission (‘‘Commission’’)                     broker-dealers that are both Participants may be        selecting Indicators numbered 1, 2, 3 and 6, the
                                                                                                         processed through DTC. (Typically, transfer agents      Participant provides a standing instruction for its
                                                                                                         are Limited Participants for purposes of processing     Designated Quantity to automatically increase when
                                                  12 17 CFR 200.30–3(a)(12).                             DRS-related transactions.) See Securities Exchange      it is the Receiving Participant of a transaction
                                                  1 15 U.S.C. 78s(b)(1).                                 Act Release No. 37931 (November 7, 1996), 61 FR         designated with an applicable Code. See Service
                                                  2 17 CFR 240.19b–4.                                    58600 (November 15, 1996) (SR–DTC–96–15).               Guide, supra note 5 at 43–45.



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Document Created: 2017-07-13 01:00:34
Document Modified: 2017-07-13 01:00:34
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 32415 

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