82 FR 34998 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 404, Series of Option Contracts Open for Trading
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 143 (July 27, 2017)
Federal Register Volume 82, Issue 143 (July 27, 2017)
| Page Range | 34998-35001 | |
| FR Document | 2017-15771 |
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)] [Notices] [Pages 34998-35001] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15771] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81183; File No. SR-MIAX-2017-33] Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 404, Series of Option Contracts Open for Trading July 21, 2017. Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on July 18, 2017, Miami International Securities Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') a 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- [[Page 34999]] I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange is filing a proposal to amend Rule 404, Series of Option Contracts Open for Trading, Interpretations and Policies .10, to include the iShares S&P 500 Index ETF (``IVV'') in the list of Exchange-Traded Funds (``ETFs'') that are eligible for $1 strike price intervals. The text of the proposed rule change is available on the Exchange's Web site at http://www.miaxoptions.com/rule-filings, at MIAX's principal office, 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 the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend Exchange Rule 404, Series of Option Contracts Open for Trading, to modify the strike setting regime for IVV options by including IVV in the list of ETFs that are eligible for $1 strike price intervals under Interpretations and Policies .10. The Exchange notes that this is a competitive filing based on an immediately effective filing recently submitted by the Chicago Board Options Exchange, Incorporated (``CBOE'').\3\ --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 80913 (June 13, 2017), 82 FR 27907 (June 19, 2017) (SR-CBOE-2017-048). --------------------------------------------------------------------------- Specifically, the Exchange proposes to modify the interval setting regime for IVV options to allow $1 strike price intervals above $200. The Exchange believes that the proposed rule change would make IVV options easier for investors and traders to use and more tailored to their investment needs. Additionally, the interval setting regime the Exchange proposes to apply to IVV options is currently applied to options on units of the Standard & Poor's Depository Receipts Trust (``SPY''),\4\ which is an ETF that is identical in all material respects to the IVV ETF. --------------------------------------------------------------------------- \4\ See Exchange Rule 404.10. --------------------------------------------------------------------------- The SPY and IVV ETFs are identical in all material respects. The SPY and IVV ETFs are designed to roughly track the performance of the S&P 500 Index with the price of SPY and IVV designed to roughly approximate 1/10th of the price of the S&P 500 Index. Accordingly, SPY and IVV strike prices having a multiplier of $100 reflect a value roughly equal to 1/10th of the value of the S&P 500 Index. For example, if the S&P 500 Index is at 1972.56, SPY and IVV options might have a value of approximately 197.26 with a notional value of $19,726. In general, SPY and IVV options provide retail investors and traders with the benefit of trading the broad market in a manageably sized contract. As options with an ETF underlying, SPY and IVV options are listed in the same manner as equity options under the Rules. However, under current Interpretation and Policies .05 to Rule 404, the interval between strike prices in series of options on Index-Linked Securities,\5\ as defined in Rule 402(k)(1), will be $1 or greater where the strike price is $200 or less and $5 or greater where the strike price is greater than $200. In addition, under Exchange Rule 404, Interpretation and Policies .02(e), --------------------------------------------------------------------------- \5\ The Exchange notes that IVV is treated as an Index-Linked Security under current Exchange rules. Strike Price Interval. The strike price interval for Short Term Option series may be $0.50 or greater for option classes that trade in $1 strike price intervals and are in the Short Term Option Series Program. If the class does not trade in $1 strike price intervals, the strike price interval for Short Term Option series may be $0.50 or greater where the strike price is less than $100 and $1.00 or greater where the strike price is between $100 and $150, and $2.50 or greater for strike prices greater than $150. A non-Short Term Option Series that is included in a class that has been selected to participate in the Short Term Option Series Program is referred to as a ``Related non-Short Term Option.'' Notwithstanding any other provision regarding strike prices in this rule, Related non-Short Term Option series shall be opened during the month prior to expiration in the same manner as permitted in Rule 404, Interpretations and Policies .02 and in the same strike price intervals for the Short Term Option Series permitted in this Rule --------------------------------------------------------------------------- 404, Interpretations and Policies .02(e). The Exchange's proposal seeks to narrow the strike price intervals to $1 for IVV options above $200, in effect matching the strike setting regime for strike intervals in IVV options below $200 and matching the strike setting regime applied to SPY options. Currently, the S&P 500 Index is above 2000. The S&P 500 Index is widely regarded as the best single gauge of large cap U.S. equities and is widely quoted as an indicator of stock prices and investor confidence in the securities market. As a result, individual investors often use S&P 500 Index-related products to diversify their portfolios and benefit from market trends. Accordingly, the Exchange believes that offering a wider range of S&P 500 Index-based option strikes affords traders and investors important hedging and trading opportunities. The Exchange believes that not having the proposed $1 strike price intervals above $200 in IVV significantly constricts investors' hedging and trading possibilities. The Exchange proposes to amend Interpretations and Policies .10 to Rule 404 to allow IVV options to trade in $1 increments above a strike price of $200. Specifically, the Exchange proposes to amend Interpretations and Policies .10 to state that, ``[n]otwithstanding any other provision regarding the interval of strike prices of series of options on Exchange-Traded Fund Shares in this rule, the interval of strike prices on SPDR S&P 500 ETF (``SPY''), iShares S&P 500 Index ETF (``IVV''), and the SPDR Dow Jones Industrial Average ETF (``DIA'') options will be $1 or greater.'' The Exchange believes that by having smaller strike intervals in IVV, investors would have more efficient hedging and trading opportunities due to the lower $1 interval ascension. The proposed $1 intervals, particularly above the $200 strike price, will result in having at-the-money series based upon the underlying moving less than 1%. The Exchange believes that the proposed strike setting regime is in line with the slower movements of broad- based indices. Furthermore, the proposed $1 intervals would allow option trading strategies (such as, for example, risk reduction/hedging strategies using IVV weekly options), to remain viable. Considering the fact that $1 intervals already exist below the $200 price point and that IVV is above the $200 level, the Exchange believes that continuing to maintain the artificial $200 level (above which intervals increase 500% to $5), would have a negative effect on investing, trading and hedging opportunities, and volume. The Exchange believes that the investing, trading, and hedging opportunities available with IVV options far outweighs any potential negative impact of allowing IVV options to trade in more finely tailored intervals above the $200 price point. [[Page 35000]] The proposed strike setting regime would permit strikes to be set to more closely reflect values in the underlying S&P 500 Index and allow investors and traders to roll open positions from a lower strike to a higher strike in conjunction with the price movement of the underlying. Under the current rule, where the next higher available series would be $5 away above a $200 strike price, the ability to roll such positions is effectively negated. Accordingly, to move a position from a $200 strike to a $205 strike under the current rule, an investor would need for the underlying product to move 2.5%, and would not be able to execute a roll up until such a large movement occurred. With the proposed rule change, however, the investor would be in a significantly safer position of being able to roll his open options position from a $200 to a $201 strike price, which is only a 0.5% move for the underlying. The proposed rule change will allow the Exchange to better respond to customer demand for IVV strike prices more precisely aligned with current S&P 500 Index values. The Exchange believes that the proposed rule change, like the other strike price programs currently offered by the Exchange, will benefit investors by providing investors the flexibility to more closely tailor their investment and hedging decisions using IVV options. By allowing series of IVV options to be listed in $1 intervals between strike prices over $200, the proposal will moderately augment the potential total number of option series available on the Exchange. However, the Exchange believes it and the Options Price Reporting Authority (``OPRA'') have the necessary systems capacity to handle any potential additional traffic associated with this proposed rule change. The Exchange also believes that Members \6\ will not have a capacity issue due to the proposed rule change. In addition, the Exchange represents that it does not believe that this expansion will cause fragmentation of liquidity. --------------------------------------------------------------------------- \6\ The term ``Member'' means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed ``members'' under the Exchange Act. See Exchange Rule 100. --------------------------------------------------------------------------- In addition, the interval setting regime the Exchange proposes to apply to IVV options is currently applied to options on SPY,\7\ which is an ETF that is identical in all material respects to the IVV ETF. --------------------------------------------------------------------------- \7\ See Exchange Rule 404.10. --------------------------------------------------------------------------- 2. Statutory Basis MIAX believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the ``Act'') and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.\8\ Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \9\ requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and 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. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \10\ requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). \10\ Id. --------------------------------------------------------------------------- In particular, the proposed rule change will allow investors to more easily use IVV options. Moreover, the proposed rule change would allow investors to better trade and hedge positions in IVV options where the strike price is greater than $200, and ensure that IVV options investors are not at a disadvantage simply because of the strike price. The Exchange also believes the proposed rule change is consistent with Section 6(b)(1) of the Act, which provides that the Exchange be organized and have the capacity to be able to carry out the purposes of the Act and the rules and regulations thereunder, and the rules of the Exchange. The rule change proposal allows the Exchange to respond to customer demand to allow IVV options to trade in $1 intervals above a $200 strike price. The Exchange does not believe that the proposed rule would create additional capacity issues or affect market functionality. As noted above, some ETF options trade in wider $5 intervals above a $200 strike price, whereby options at or below a $200 strike price trade in $1 intervals. This creates a situation where contracts on the same option class effectively may not be able to execute certain strategies such as, for example, rolling to a higher strike price, simply because of the arbitrary $200 strike price above which options intervals increase by 500%. This proposal remedies this situation by establishing an exception to the current interval regime for IVV options to allow such options to trade in $1 or greater intervals at all strike prices. The Exchange believes that the proposed rule change, like other strike price programs currently offered by the Exchange, will benefit investors by giving them increased flexibility to more closely tailor their investment and hedging decisions. Moreover, the proposed rule change is consistent with the rules of other exchanges.\11\ --------------------------------------------------------------------------- \11\ See Nasdaq Phlx Rule 1012.05(a)(iv)(C) and CBOE Rule 5.5.08(b). --------------------------------------------------------------------------- With regard to the impact of this proposal on system capacity, the Exchange believes it and OPRA have the necessary systems capacity to handle any potential additional traffic associated with this proposed rule change. The Exchange believes that its Members will not have a capacity issue as a result of this proposal. In addition, the interval setting regime the Exchange proposes to apply to IVV options is currently applied to options on SPY,\12\ which is an ETF that is identical in all material respects to the IVV ETF. --------------------------------------------------------------------------- \12\ See Exchange Rule 404.10. --------------------------------------------------------------------------- B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Rather, the Exchange believes that the proposed rule change will result in additional investment options and opportunities to achieve the investment and trading objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Specifically, the Exchange believes that IVV options investors and traders will significantly benefit from the availability of finer strike price intervals above a $200 price point. In addition, the interval setting regime the Exchange proposes to apply to IVV options is currently applied to options on SPY,\13\ which is an ETF that is identical in all material respects to the IVV ETF. Thus, applying the same strike setting regime to SPY and IVV options will help level the playing field for options on similar, competing ETFs. --------------------------------------------------------------------------- \13\ Id. --------------------------------------------------------------------------- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received. [[Page 35001]] 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 after the date of the filing, or such shorter time as the Commission may designate, it has become effective pursuant to 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) \15\ thereunder. --------------------------------------------------------------------------- \14\ 15 U.S.C. 78s(b)(3)(A). \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),\17\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will immediately provide investors with additional flexibility in trading and hedging positions in IVV options on the Exchange. The Commission also notes that the proposed rule change is consistent with the strike price intervals in IVV options that is permitted on other exchanges and thus raises no new novel or substantive issues.\18\ Accordingly, the Commission hereby waives the 30-day operative delay requirement and designates the proposed rule change as operative upon filing.\19\ --------------------------------------------------------------------------- \16\ 17 CFR 240.19b-4(f)(6). \17\ 17 CFR 240.19b-4(f)(6)(iii). \18\ See supra note 11. \19\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- 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 CommentsUse 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-MIAX-2017-33 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-MIAX-2017-33. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MIAX-2017-33, and should be submitted on or before August 17, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\20\ --------------------------------------------------------------------------- \20\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-15771 Filed 7-26-17; 8:45 am] BILLING CODE 8011-01-P
![34998 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices
are calculated for the on-the-run proposed rule change is consistent with of time during volatile market
instrument in each index family.6 the requirements of the Act and the conditions is significantly reduced.
Once Variability Levels are rules and regulations thereunder Therefore, the Commission finds that
calculated, ICC proposed to convert applicable to such organization.11 the proposed rule changes are consistent
Variability Levels into Variability Section 17A(b)(3)(F) of the Act requires, with the requirements of Rule 17Ad–
Bands, which correspond to a range of among other things, that the rules of a 22(d)(4) that the registered clearing
Variability Levels. Once Variability registered clearing agency be designed agencies establish, implement,
Levels and Variability Bands have been to promote the prompt and accurate maintain, and enforce written policies
determined, ICC proposed to create clearance and settlement of securities and procedures reasonably designed to
market groups and assign each index transactions and, to the extent identify sources of operational risk and
instrument to one of these market applicable, derivative agreements, minimize them through the
groups. For example, the CDX.NA.IG contracts, and transactions.12 Rule development of appropriate systems,
and CDX.NA.HY would be assigned to 17Ad–22(d)(4) requires, in relevant part, controls, and procedures; and
the North American group. After that a registered clearing agency shall implement systems that are reliable,
assigning each index instrument to a establish, implement, maintain, and resilient and secure, and have adequate,
market group, ICC would use the largest enforce written policies and procedures scalable capacity.
Variability Band of any instrument reasonably designed to identify sources
within a market group as the Variability of operational risk and minimize them IV. Conclusion
Band for that market group as a whole. through the development of appropriate It is therefore ordered pursuant to
ICC refers to this Variability Band as the systems, controls, and procedures; and Section 19(b)(2) of the Act that the
‘‘Market-Proxy Variability Band.’’ 7 The implement systems that are reliable, proposed rule change (SR–ICC–2017–
proposed automated BOW algorithm resilient and secure, and have adequate, 006) be, and hereby is, approved.14
would then adjust the EOD BOW scalable capacity.13
For the Commission by the Division of
(Regime 1, 2, or 3) for the market group The Commission finds that the
Trading and Markets, pursuant to delegated
as a whole by one regime (moving from proposed rule change, which modifies authority.15
Regime 1 to Regime 2, or from Regime ICC’s Pricing Policy to implement an
Eduardo A. Aleman,
2 to Regime 3) or two regimes (from automated process for widening the
EOD BOW for index and single-name Assistant Secretary.
Regime 1 to Regime 3), with higher [FR Doc. 2017–15774 Filed 7–26–17; 8:45 am]
Market-Proxy Variability Bands instruments is consistent with Section
resulting in a two-regime adjustment, 17A of the Act and Rule 17Ad–22 BILLING CODE 8011–01–P
and smaller Market-Proxy Variability thereunder. By automating the process
Bands resulting in a one-regime for widening the EOD BOWs when
necessary, the Commission believes that SECURITIES AND EXCHANGE
adjustment, or no adjustment.8 COMMISSION
For single-name instruments, ICC ICC will likely reduce the risk of error
proposes to introduce a new scaling or delay in the end-of-day pricing
factor that would be applied, along with process in connection with a potentially [Release No. 34–81183; File No. SR–MIAX–
significant number of adjustments to 2017–33]
other scaling factors used in the current
process, to the EOD BOW, as calculated BOWs that would need to be made
manually and in a short period of time Self-Regulatory Organizations; Miami
based on BOW data received from International Securities Exchange LLC;
participants. The Variability Scaling absent the proposed changes. Since the
end-of-day BOW is an input in ICC’s Notice of Filing and Immediate
Factor for single-name instruments Effectiveness of a Proposed Rule
would depend on the Market-Proxy end-of-day price discovery process, the
Commission believes that the proposed Change To Amend MIAX Options Rule
Variability Band for the market to which 404, Series of Option Contracts Open
each single-name instrument is rule changes will likely enhance the
speed and accuracy of that process, for Trading
assigned. A higher Market-Proxy
Variability Band will result in a larger thereby promoting the prompt clearance July 21, 2017.
scaling factor being applied.9 and settlement of derivative agreements,
Pursuant to the provisions of Section
In addition to proposing to automate contracts and transactions, consistent
19(b)(1) of the Securities Exchange Act
the process for increasing selected with Section 17A(b)(3)(F) of the Act.
For similar reasons, the Commission of 1934 (‘‘Act’’) 1 and Rule 19b–4
BOWs, ICC also proposed to remove a thereunder,2 notice is hereby given that
footnote from its Pricing Policy that set finds that the proposed rule changes are
also consistent with Rule 17Ad–22(d)(4) on July 18, 2017, Miami International
forth details of an intraday filtering Securities Exchange, LLC (‘‘MIAX
algorithm that was planned but never in that they are designed to reduce
operational risk. Specifically, the Options’’ or ‘‘Exchange’’) filed with the
implemented. Also, ICC proposed to Securities and Exchange Commission
correct inaccurate references in the proposed rule changes are intended to
reduce ICC’s operational risk in the end- (‘‘Commission’’) a proposed rule change
Pricing Policy.10 as described in Items I and II below,
of-day pricing process by establishing
III. Discussion and Commission an automated process that will more which Items have been prepared by the
Findings quickly implement the widening of Exchange. The Commission is
BOWs, if appropriate, based on a set of publishing this notice to solicit
Section 19(b)(2)(C) of the Act directs comments on the proposed rule change
the Commission to approve a propose well-defined criteria. As a result, the
from interested persons.
mstockstill on DSK30JT082PROD with NOTICES
rule change of a self-regulatory risk of error that accompanies manual
organization if it finds that such observation of market conditions and
14 In approving the proposed rule change, the
manual input of a potentially significant Commission considered the proposal’s impact on
6 Id. amount of adjustments in a small period efficiency, competition, and capital formation. 15
7 Id. U.S.C. 78c(f).
8 Id. 11 15 U.S.C. 78s(b)(2)(C). 15 17 CFR 200.30–3(a)(12).
9 Id. 12 15 U.S.C. 78q–1(b)(3)(F). 1 15 U.S.C. 78s(b)(1).
10 Id. at 27540–41. 13 17 CFR 240.17Ad–22(d)(4). 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 34999
I. Self-Regulatory Organization’s Depository Receipts Trust (‘‘SPY’’),4 $200 and matching the strike setting
Statement of the Terms of Substance of which is an ETF that is identical in all regime applied to SPY options.
the Proposed Rule Change material respects to the IVV ETF. Currently, the S&P 500 Index is above
The Exchange is filing a proposal to The SPY and IVV ETFs are identical 2000. The S&P 500 Index is widely
amend Rule 404, Series of Option in all material respects. The SPY and regarded as the best single gauge of large
Contracts Open for Trading, IVV ETFs are designed to roughly track cap U.S. equities and is widely quoted
Interpretations and Policies .10, to the performance of the S&P 500 Index as an indicator of stock prices and
include the iShares S&P 500 Index ETF with the price of SPY and IVV designed investor confidence in the securities
(‘‘IVV’’) in the list of Exchange-Traded to roughly approximate 1/10th of the market. As a result, individual investors
Funds (‘‘ETFs’’) that are eligible for $1 price of the S&P 500 Index. often use S&P 500 Index-related
strike price intervals. Accordingly, SPY and IVV strike prices products to diversify their portfolios
The text of the proposed rule change having a multiplier of $100 reflect a and benefit from market trends.
is available on the Exchange’s Web site value roughly equal to 1/10th of the Accordingly, the Exchange believes that
at http://www.miaxoptions.com/rule- value of the S&P 500 Index. For offering a wider range of S&P 500 Index-
filings, at MIAX’s principal office, and example, if the S&P 500 Index is at based option strikes affords traders and
at the Commission’s Public Reference 1972.56, SPY and IVV options might investors important hedging and trading
Room. have a value of approximately 197.26 opportunities. The Exchange believes
with a notional value of $19,726. In that not having the proposed $1 strike
II. Self-Regulatory Organization’s general, SPY and IVV options provide price intervals above $200 in IVV
Statement of the Purpose of, and retail investors and traders with the significantly constricts investors’
Statutory Basis for, the Proposed Rule benefit of trading the broad market in a hedging and trading possibilities.
Change manageably sized contract. As options The Exchange proposes to amend
In its filing with the Commission, the with an ETF underlying, SPY and IVV Interpretations and Policies .10 to Rule
Exchange included statements options are listed in the same manner as 404 to allow IVV options to trade in $1
concerning the purpose of and basis for equity options under the Rules. increments above a strike price of $200.
the proposed rule change and discussed However, under current Interpretation Specifically, the Exchange proposes to
any comments it received on the and Policies .05 to Rule 404, the interval amend Interpretations and Policies .10
proposed rule change. The text of these between strike prices in series of to state that, ‘‘[n]otwithstanding any
statements may be examined at the options on Index-Linked Securities,5 as other provision regarding the interval of
places specified in Item IV below. The defined in Rule 402(k)(1), will be $1 or strike prices of series of options on
Exchange has prepared summaries, set greater where the strike price is $200 or Exchange-Traded Fund Shares in this
forth in sections A, B, and C below, of less and $5 or greater where the strike rule, the interval of strike prices on
the most significant aspects of such price is greater than $200. In addition, SPDR S&P 500 ETF (‘‘SPY’’), iShares
statements. under Exchange Rule 404, Interpretation S&P 500 Index ETF (‘‘IVV’’), and the
and Policies .02(e), SPDR Dow Jones Industrial Average ETF
A. Self-Regulatory Organization’s (‘‘DIA’’) options will be $1 or greater.’’
Statement of the Purpose of, and the Strike Price Interval. The strike price
interval for Short Term Option series may be The Exchange believes that by having
Statutory Basis for, the Proposed Rule smaller strike intervals in IVV, investors
$0.50 or greater for option classes that trade
Change in $1 strike price intervals and are in the would have more efficient hedging and
1. Purpose Short Term Option Series Program. If the trading opportunities due to the lower
class does not trade in $1 strike price $1 interval ascension. The proposed $1
The Exchange proposes to amend intervals, the strike price interval for Short intervals, particularly above the $200
Exchange Rule 404, Series of Option Term Option series may be $0.50 or greater strike price, will result in having at-the-
Contracts Open for Trading, to modify where the strike price is less than $100 and
$1.00 or greater where the strike price is
money series based upon the underlying
the strike setting regime for IVV options
between $100 and $150, and $2.50 or greater moving less than 1%. The Exchange
by including IVV in the list of ETFs that
for strike prices greater than $150. A non- believes that the proposed strike setting
are eligible for $1 strike price intervals
Short Term Option Series that is included in regime is in line with the slower
under Interpretations and Policies .10.
a class that has been selected to participate movements of broad-based indices.
The Exchange notes that this is a in the Short Term Option Series Program is Furthermore, the proposed $1 intervals
competitive filing based on an referred to as a ‘‘Related non-Short Term would allow option trading strategies
immediately effective filing recently Option.’’ Notwithstanding any other (such as, for example, risk reduction/
submitted by the Chicago Board Options provision regarding strike prices in this rule, hedging strategies using IVV weekly
Exchange, Incorporated (‘‘CBOE’’).3 Related non-Short Term Option series shall
be opened during the month prior to
options), to remain viable. Considering
Specifically, the Exchange proposes to
expiration in the same manner as permitted the fact that $1 intervals already exist
modify the interval setting regime for
in Rule 404, Interpretations and Policies .02 below the $200 price point and that IVV
IVV options to allow $1 strike price
and in the same strike price intervals for the is above the $200 level, the Exchange
intervals above $200. The Exchange
Short Term Option Series permitted in this believes that continuing to maintain the
believes that the proposed rule change Rule 404, Interpretations and Policies .02(e). artificial $200 level (above which
would make IVV options easier for
The Exchange’s proposal seeks to intervals increase 500% to $5), would
investors and traders to use and more
narrow the strike price intervals to $1 have a negative effect on investing,
tailored to their investment needs.
trading and hedging opportunities, and
mstockstill on DSK30JT082PROD with NOTICES
Additionally, the interval setting regime for IVV options above $200, in effect
matching the strike setting regime for volume. The Exchange believes that the
the Exchange proposes to apply to IVV
strike intervals in IVV options below investing, trading, and hedging
options is currently applied to options
opportunities available with IVV
on units of the Standard & Poor’s
4 See
options far outweighs any potential
Exchange Rule 404.10.
3 SeeSecurities Exchange Act Release No. 80913 5 The
Exchange notes that IVV is treated as an
negative impact of allowing IVV options
(June 13, 2017), 82 FR 27907 (June 19, 2017) (SR– Index-Linked Security under current Exchange to trade in more finely tailored intervals
CBOE–2017–048). rules. above the $200 price point.
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![Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 35001
III. Date of Effectiveness of the Commission takes such action, the For the Commission, by the Division of
Proposed Rule Change and Timing for Commission shall institute proceedings Trading and Markets, pursuant to delegated
Commission Action to determine whether the proposed rule authority.20
should be approved or disapproved. Eduardo A. Aleman,
Because the foregoing proposed rule
Assistant Secretary.
change does not: (i) Significantly affect IV. Solicitation of Comments [FR Doc. 2017–15771 Filed 7–26–17; 8:45 am]
the protection of investors or the public
interest; (ii) impose any significant BILLING CODE 8011–01–P
Interested persons are invited to
burden on competition; and (iii) become submit written data, views, and
operative for 30 days after the date of arguments concerning the foregoing,
the filing, or such shorter time as the SECURITIES AND EXCHANGE
including whether the proposed rule COMMISSION
Commission may designate, it has change is consistent with the Act.
become effective pursuant to 19(b)(3)(A) Comments may be submitted by any of [SEC File No. 270–094; OMB Control No.
of the Act 14 and Rule 19b–4(f)(6) 15 the following methods: 3235–0085]
thereunder.
A proposed rule change filed under Electronic Comments Submission for OMB Review;
Rule 19b–4(f)(6) 16 normally does not Comment Request
become operative for 30 days after the • Use the Commission’s Internet
comment form (http://www.sec.gov/ Upon Written Request, Copies Available
date of filing. However, pursuant to From: Securities and Exchange
Rule 19b–4(f)(6)(iii),17 the Commission rules/sro.shtml); or
Commission, Office of FOIA Services,
may designate a shorter time if such • Send an email to rule-comments@ 100 F Street NE., Washington, DC
action is consistent with the protection sec.gov. Please include File Number SR– 20549–2736.
of investors and the public interest. The MIAX–2017–33 on the subject line.
Exchange has asked the Commission to Extension:
Paper Comments Rule 17a–11
waive the 30-day operative delay so that
the proposal may become operative Notice is hereby given that pursuant
• Send paper comments in triplicate
immediately upon filing. The to the Paperwork Reduction Act of 1995
to Secretary, Securities and Exchange
Commission believes that waiving the (44 U.S.C. 3501 et seq.) the Securities
Commission, 100 F Street NE.,
30-day operative delay is consistent and Exchange Commission
Washington, DC 20549–1090. (‘‘Commission’’) has submitted to the
with the protection of investors and the
public interest as it will immediately All submissions should refer to File Office of Management and Budget a
provide investors with additional Number SR–MIAX–2017–33. This file request for approval of extension of the
flexibility in trading and hedging number should be included on the previously approved collection of
positions in IVV options on the subject line if email is used. To help the information provided for in Rule 17a–11
Exchange. The Commission also notes Commission process and review your (17 CFR 240.17a–11) under the
that the proposed rule change is comments more efficiently, please use Securities Exchange Act of 1934 (15
consistent with the strike price intervals only one method. The Commission will U.S.C. 78a et seq.) (‘‘Exchange Act’’).
in IVV options that is permitted on post all comments on the Commission’s In response to an operational crisis in
other exchanges and thus raises no new Internet Web site (http://www.sec.gov/ the securities industry between 1967
novel or substantive issues.18 rules/sro.shtml). Copies of the and 1970, the Commission adopted Rule
Accordingly, the Commission hereby submission, all subsequent 17a–11 under the Exchange Act on July
waives the 30-day operative delay amendments, all written statements 11, 1971. Rule 17a–11 requires broker-
requirement and designates the with respect to the proposed rule dealers that are experiencing financial
proposed rule change as operative upon change that are filed with the or operational difficulties to provide
filing.19 Commission, and all written notice to the Commission, the broker-
At any time within 60 days of the communications relating to the dealer’s designated examining authority
filing of the proposed rule change, the proposed rule change between the (‘‘DEA’’), and the Commodity Futures
Commission summarily may Commission and any person, other than Trading Commission (‘‘CFTC’’) if the
temporarily suspend such rule change if those that may be withheld from the broker-dealer is registered with the
it appears to the Commission that such CFTC as a futures commission
public in accordance with the
action is necessary or appropriate in the merchant. Rule 17a–11 is an integral
provisions of 5 U.S.C. 552, will be
public interest, for the protection of part of the Commission’s financial
available for Web site viewing and
investors, or otherwise in furtherance of responsibility program which enables
printing in the Commission’s Public
the purposes of the Act. If the the Commission, a broker-dealer’s DEA,
Reference Room, 100 F Street NE.,
and the CFTC to increase surveillance of
Washington, DC 20549, on official
a broker-dealer experiencing difficulties
14 15 U.S.C. 78s(b)(3)(A). business days between the hours of
15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– and to obtain any additional
10:00 a.m. and 3:00 p.m. Copies of the
4(f)(6) requires a self-regulatory organization to give information necessary to gauge the
filing also will be available for
the Commission written notice of its intent to file broker-dealer’s financial or operational
the proposed rule change at least five business days inspection and copying at the principal condition.
prior to the date of filing of the proposed rule office of the Exchange. All comments Rule 17a–11 also requires over-the-
change, or such shorter time as designated by the received will be posted without change;
Commission. The Exchange has satisfied this counter (‘‘OTC’’) derivatives dealers and
the Commission does not edit personal broker-dealers that are permitted to
mstockstill on DSK30JT082PROD with NOTICES
requirement.
16 17 CFR 240.19b–4(f)(6). identifying information from compute net capital pursuant to
17 17 CFR 240.19b–4(f)(6)(iii). submissions. You should submit only Appendix E to Exchange Act Rule 15c3–
18 See supra note 11. information that you wish to make 1 to notify the Commission when their
19 For purposes only of waiving the 30-day available publicly. All submissions tentative net capital drops below certain
operative delay, the Commission has also should refer to File Number SR–MIAX–
considered the proposed rule’s impact on levels.
efficiency, competition, and capital formation. See
2017–33, and should be submitted on or
15 U.S.C. 78c(f). before August 17, 2017. 20 17 CFR 200.30–3(a)(12).
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Document Created: 2017-07-27 02:07:29
Document Modified: 2017-07-27 02:07:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 82 FR 34998 |
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