83_FR_26231 83 FR 26123 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 307, Position Limits, and Exchange Rule 309, Exercise Limits

83 FR 26123 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 307, Position Limits, and Exchange Rule 309, Exercise Limits

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range26123-26125
FR Document2018-11985

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26123-26125]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11985]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83349; File No. SR-MIAX-2018-11]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 307, Position Limits, and 
Exchange Rule 309, Exercise Limits

May 30, 2018.
    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 May 24, 2018, 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, II, and III 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 Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 307, 
Position Limits, Interpretations and Policies .01, and Exchange Rule 
309, Exercise Limits, Interpretations and Policies .01, to amend the 
position and exercise limits for options on the SPDR[supreg] S&P 
500[supreg] ETF Trust (``SPY'').
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options' 
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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Exchange Rule 307, Position Limits, and Exchange Rule 309, Exercise 
Limits, establish position and exercise limits, respectively, for 
aggregate positions in option contracts traded on the Exchange. 
Interpretations and Policies .01 to Exchange Rule 307 lists specific 
position limits for certain select underlying securities, and 
Interpretations and Policies .01 to Exchange Rule 309 lists specific 
exercise limits for certain select underlying securities. SPY is among 
the certain select underlying securities listed in each such Rule. 
Currently, these Rules provide that there are no position limits and 
there are no exercise limits on options overlying SPY pursuant to a 
pilot program, which is

[[Page 26124]]

scheduled to expire on July 12, 2018 (``SPY Pilot Program'').\3\
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    \3\ See Securities Exchange Act Release No. 81020 (June 26, 
2017), 82 FR 29951 (June 30, 2017)(SR-MIAX-2017-30)(extending the 
SPY Pilot Program to July 12, 2018); see also Securities Exchange 
Act Release Nos. 67672 (August 15, 2012), 77 FR 50750 (August 22, 
2012)(SR-NYSEAmex-2012-29); 67937 (September 27, 2012), 77 FR 60489 
(October 3, 2012)(SR-CBOE-2012-091).
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    The Exchange proposes to amend Exchange Rule 307, Interpretations 
and Policies .01, and Exchange Rule 309, Interpretations and Policies 
.01, to allow the SPY Pilot Program to terminate on July 12, 2018, the 
current expiration date of the SPY Pilot Program. In lieu of extending 
the SPY Pilot Program for another year, the Exchange proposes to allow 
the SPY Pilot Program to terminate and to establish position and 
exercise limits of 1,800,000 contracts, for options on SPY, with such 
change becoming operative on July 12, 2018, so that there is no lapse 
in time between termination of the SPY Pilot Program and the 
establishment of the new limits. Furthermore, as a result of the 
termination of the SPY Pilot Program, the Exchange does not believe it 
is necessary to submit a SPY Pilot Program Report at the end of the SPY 
Pilot Program. Based on the prior SPY Pilot Program Reports provided to 
the Commission,\4\ the Exchange believes it is appropriate to terminate 
the SPY Pilot Program and that permanent position and exercise limits 
should be established for SPY.
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    \4\ Id.
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    Position limits are designed to address potential manipulative 
schemes and adverse market impact surrounding the use of options, such 
as disrupting the market in the security underlying the options. The 
potential manipulative schemes and adverse market impact are balanced 
against the potential of setting the limits so low as to discourage 
participation in the options market. The level of those position limits 
must be balanced between curtailing potential manipulation and the cost 
of preventing potential hedging activity that could be used for 
legitimate economic purposes.
    The SPY Pilot Program was established in 2012 in order to eliminate 
position and exercise limits for physically-settled SPY options. \5\ In 
2005, the position limits for SPY options were increased from 75,000 
contracts to 300,000 contracts on the same side of the market.\6\ In 
July 2011, the position limit for these options was again increased 
from 300,000 contracts to 900,000 contracts on the same side of the 
market.\7\ Then, in 2012, the position limits for SPY options were 
eliminated as part of the SPY Pilot Program.\8\
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    \5\ See Securities Exchange Act Release Nos. 67672 (August 15, 
2012), 77 FR 50750 (August 22, 2012)(SR-NYSEAmex-2012-29); 67937 
(September 27, 2012), 77 FR 60489 (October 3, 2012)(SR-CBOE-2012-
091).
    \6\ See Securities Exchange Act Release No. 51041 (January 14, 
2005), 70 FR 3408 (January 24, 2005)(SR-CBOE-2005-06).
    \7\ See Securities Exchange Act Release No. 64928 (July 20, 
2011), 76 FR 44633 (July 26, 2011)(SR-CBOE-2011-065).
    \8\ See supra note 5.
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    The underlying SPY tracks the performance of the S&P 500 Index and 
the Exchange notes that the SPY and SPY options have deep, liquid 
markets that reduce concerns regarding manipulation and disruption in 
the underlying markets. In support of this proposed rule change, the 
Exchange has collected the following trading statistics for SPY and SPY 
Options: (1) The average daily volume (``ADV'') to date (as of May 15, 
2018) for SPY is 108.32 million shares; (2) the ADV to date in 2018 for 
SPY options is 3.9 million contracts per day; (3) the total shares 
outstanding for SPY are 965.43 million; and (4) the fund market cap for 
SPY is 261.65 billion. The Exchange represents further that there is 
tremendous liquidity in the securities that make up the S&P 500 Index.
    Accordingly, the Exchange proposes to amend Interpretations and 
Policies .01 to Exchange Rule 307 and Interpretations and Policies .01 
to Exchange Rule 309 to set forth that the position and exercise limits 
for options on SPY would be 1,800,000 contracts on the same side of the 
market. These position and exercise limits equal the current position 
and exercise limits for options on QQQ, which the Commission previously 
approved to be increased from 900,000 contracts on the same side of the 
market, to 1,800,000 contracts on the same side of the market. \9\ The 
Exchange also notes that SPY is more liquid than QQQ.\10\ The Exchange 
believes that establishing position and exercise limits for the SPY 
options in the amount of 1,800,000 contracts on the same side of the 
market subject to this proposal would allow for the maintenance of the 
liquid and competitive market environment for these options, which will 
benefit customers interested in these products. Under the proposal, the 
reporting requirement for the options would be unchanged.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 82931 (March 22, 
2018), 83 FR 13323 (March 28, 2018)(SR-MIAX-2018-10); see also 
Securities Exchange Act Release No. 82770 (February 23, 2018), 83 FR 
8907 (March 1, 2018)(SR-CBOE-2017-057).
    \10\ From the beginning of the year, through May 15, 2018, the 
ADV for SPY was 108.32 million shares while the ADV for QQQ was 
46.64 million shares (calculated using data from Yahoo Finance as of 
May 15, 2018).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\11\ Specifically, the 
proposal is consistent with Section 6(b)(5) of the Act \12\ because 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. The Exchange 
believes that establishing permanent position and exercise limits for 
SPY options subject to this proposal will encourage Market Makers to 
continue to provide sufficient liquidity in SPY options on the 
Exchange, which will enhance the process of price discovery conducted 
on the Exchange. The proposal will also benefit institutional investors 
as well as retail traders, and public customers, by continuing to 
provide them with an effective trading and hedging vehicle. In 
addition, the Exchange believes that the structure of the SPY options 
subject to this proposal and the considerable liquidity of the market 
for those options diminishes the opportunity to manipulate this product 
and disrupt the underlying market that a lower position limit may 
protect against.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    Increased position limits for select actively traded options, such 
as that proposed herein (increased as compared to the 900,000 limit in 
place prior to the SPY Pilot Program),\13\ is not novel and has been 
previously approved by the Commission. For example, the Commission has 
previously approved a rule change permitting the Exchange to double the 
position and exercise limits for FXI, EEM, IWM, EFA, EWZ, TLT, QQQ, and 
EWJ.\14\ Furthermore, as previously mentioned, the Commission 
specifically approved a proposal by the Exchange to increase the 
position and exercise limits for options on QQQ from 900,000 contracts 
on the same side of the market to 1,800,000 contracts on the same side 
of the market; similar to the

[[Page 26125]]

current proposal for options on SPY. \15\ The Exchange also notes that 
SPY is more liquid than QQQ.\16\
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    \13\ See supra note 7.
    \14\ See supra note 9.
    \15\ Id.
    \16\ See supra note 10.
---------------------------------------------------------------------------

    Lastly, the Commission expressed the belief that implementing 
higher position and exercise limits may bring additional depth and 
liquidity without increasing concerns regarding intermarket 
manipulation or disruption of the options or the underlying 
securities.\17\ The Exchange's existing surveillance and reporting 
safeguards are designed to deter and detect possible manipulative 
behavior which might arise from increasing position and exercise limits 
(increased as compared to the 900,000 limit in place prior to the SPY 
Pilot Program).\18\
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    \17\ See supra note 9.
    \18\ See supra note 7.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX Options does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange believes the 
entire proposal is consistent with Section (6)(b)(8) of the Act \19\ in 
that it does not impose any burden on competition that is not necessary 
or appropriate in furtherance of the purposes of the Act. On the 
contrary, the Exchange believes the proposal promotes competition 
because it will enable the option exchanges to attract additional order 
flow from the over-the-counter market, who in turn compete for those 
orders. The Exchange believes that the proposed rule change will result 
in continued 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. MIAX Options believes this proposed rule change 
is necessary to permit fair competition among the options exchanges and 
to establish uniform position limits for additional multiply listed 
option classes. Furthermore, MIAX Options believes that the other 
options exchanges will file similar proposals with the Commission.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b)(8).
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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.

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 \20\ and Rule 19b-4(f)(6) \21\ 
thereunder.
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 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.
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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 rule-comments@sec.gov. Please include 
File Number SR-MIAX-2018-11 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-MIAX-2018-11. 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 website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-MIAX-2018-11 and should be submitted on 
or before June 26, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-11985 Filed 6-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices                                           26123

                                              rule change is not designed to address                  submission, all subsequent                             Exchange. The Commission is
                                              any competitive issues, but rather to                   amendments, all written statements                     publishing this notice to solicit
                                              protect investors and the public by                     with respect to the proposed rule                      comments on the proposed rule change
                                              providing the Exchange with authority                   change that are filed with the                         from interested persons.
                                              to designate an Auction Reference Price                 Commission, and all written
                                              for a Trading Halt Auction following a                  communications relating to the                         I. Self-Regulatory Organization’s
                                              regulatory halt if the Auction Reference                proposed rule change between the                       Statement of the Terms of Substance of
                                              Price, as defined in the current rule,                  Commission and any person, other than                  the Proposed Rule Change
                                              would impair a fair and orderly auction.                those that may be withheld from the
                                                                                                      public in accordance with the                             The Exchange is filing a proposal to
                                              C. Self-Regulatory Organization’s                       provisions of 5 U.S.C. 552, will be                    amend Exchange Rule 307, Position
                                              Statement on Comments on the                            available for website viewing and                      Limits, Interpretations and Policies .01,
                                              Proposed Rule Change Received From                      printing in the Commission’s Public                    and Exchange Rule 309, Exercise Limits,
                                              Members, Participants, or Others                        Reference Room, 100 F Street NE,                       Interpretations and Policies .01, to
                                                No written comments were solicited                    Washington, DC 20549 on official                       amend the position and exercise limits
                                              or received with respect to the proposed                business days between the hours of                     for options on the SPDR® S&P 500® ETF
                                              rule change.                                            10:00 a.m. and 3:00 p.m. Copies of the                 Trust (‘‘SPY’’).
                                                                                                      filing also will be available for                         The text of the proposed rule change
                                              III. Date of Effectiveness of the
                                                                                                      inspection and copying at the principal                is available on the Exchange’s website at
                                              Proposed Rule Change and Timing for
                                                                                                      office of the Exchange. All comments                   http://www.miaxoptions.com/rule-
                                              Commission Action
                                                                                                      received will be posted without change.                filings/ at MIAX Options’ principal
                                                 Within 45 days of the date of                        Persons submitting comments are
                                              publication of this notice in the Federal                                                                      office, and at the Commission’s Public
                                                                                                      cautioned that we do not redact or edit
                                              Register or up to 90 days (i) as the                                                                           Reference Room.
                                                                                                      personal identifying information from
                                              Commission may designate if it finds                    comment submissions. You should                        II. Self-Regulatory Organization’s
                                              such longer period to be appropriate                    submit only information that you wish                  Statement of the Purpose of, and
                                              and publishes its reasons for so finding                to make available publicly.                            Statutory Basis for, the Proposed Rule
                                              or (ii) as to which the self-regulatory                    All submissions should refer to File                Change
                                              organization consents, the Commission                   Number SR–NYSEAMER–2018–22 and
                                              will:                                                   should be submitted on or before June                    In its filing with the Commission, the
                                                 (A) By order approve or disapprove                   26, 2018.                                              Exchange included statements
                                              the proposed rule change, or                              For the Commission, by the Division of               concerning the purpose of and basis for
                                                 (B) institute proceedings to determine               Trading and Markets, pursuant to delegated             the proposed rule change and discussed
                                              whether the proposed rule change                        authority.11                                           any comments it received on the
                                              should be disapproved.                                  Eduardo A. Aleman,                                     proposed rule change. The text of these
                                              IV. Solicitation of Comments                            Assistant Secretary.                                   statements may be examined at the
                                                Interested persons are invited to
                                                                                                      [FR Doc. 2018–11978 Filed 6–4–18; 8:45 am]             places specified in Item IV below. The
                                              submit written data, views, and                         BILLING CODE 8011–01–P                                 Exchange has prepared summaries, set
                                              arguments concerning the foregoing,                                                                            forth in sections A, B, and C below, of
                                              including whether the proposed rule                                                                            the most significant aspects of such
                                                                                                      SECURITIES AND EXCHANGE                                statements.
                                              change is consistent with the Act.                      COMMISSION
                                              Comments may be submitted by any of                                                                            A. Self-Regulatory Organization’s
                                              the following methods:                                  [Release No. 34–83349; File No. SR–MIAX–
                                                                                                      2018–11]                                               Statement of the Purpose of, and
                                              Electronic Comments                                                                                            Statutory Basis for, the Proposed Rule
                                                 • Use the Commission’s internet                      Self-Regulatory Organizations; Miami                   Change
                                              comment form (http://www.sec.gov/                       International Securities Exchange LLC;
                                                                                                      Notice of Filing and Immediate                         1. Purpose
                                              rules/sro.shtml); or
                                                 • Send an email to rule-comments@                    Effectiveness of a Proposed Rule                          Exchange Rule 307, Position Limits,
                                              sec.gov. Please include File Number SR–                 Change To Amend Exchange Rule 307,                     and Exchange Rule 309, Exercise Limits,
                                              NYSEAMER–2018–22 on the subject                         Position Limits, and Exchange Rule                     establish position and exercise limits,
                                              line.                                                   309, Exercise Limits                                   respectively, for aggregate positions in
                                              Paper Comments                                          May 30, 2018.                                          option contracts traded on the
                                                                                                         Pursuant to the provisions of Section               Exchange. Interpretations and Policies
                                                 • Send paper comments in triplicate                  19(b)(1) of the Securities Exchange Act                .01 to Exchange Rule 307 lists specific
                                              to Brent J. Fields, Secretary, Securities               of 1934 (‘‘Act’’) 1 and Rule 19b–4                     position limits for certain select
                                              and Exchange Commission, 100 F Street                   thereunder,2 notice is hereby given that               underlying securities, and
                                              NE, Washington, DC 20549–1090.                          on May 24, 2018, Miami International                   Interpretations and Policies .01 to
                                              All submissions should refer to File                    Securities Exchange, LLC (‘‘MIAX                       Exchange Rule 309 lists specific
                                              Number SR–NYSEAMER–2018–22. This                        Options’’ or ‘‘Exchange’’) filed with the              exercise limits for certain select
                                              file number should be included on the                   Securities and Exchange Commission
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                             underlying securities. SPY is among the
                                              subject line if email is used. To help the              (‘‘Commission’’) a proposed rule change                certain select underlying securities
                                              Commission process and review your                      as described in Items I, II, and III below,            listed in each such Rule. Currently,
                                              comments more efficiently, please use                   which Items have been prepared by the
                                              only one method. The Commission will                                                                           these Rules provide that there are no
                                              post all comments on the Commission’s                     11 17
                                                                                                                                                             position limits and there are no exercise
                                                                                                              CFR 200.30–3(a)(12).
                                              internet website (http://www.sec.gov/                     1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             limits on options overlying SPY
                                              rules/sro.shtml). Copies of the                           2 17 CFR 240.19b–4.                                  pursuant to a pilot program, which is



                                         VerDate Sep<11>2014   20:19 Jun 04, 2018   Jkt 241001   PO 00000   Frm 00129   Fmt 4703   Sfmt 4703   E:\FR\FM\05JNN1.SGM   05JNN1


                                              26124                           Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

                                              scheduled to expire on July 12, 2018                    the position limit for these options was               requirement for the options would be
                                              (‘‘SPY Pilot Program’’).3                               again increased from 300,000 contracts                 unchanged.
                                                 The Exchange proposes to amend                       to 900,000 contracts on the same side of
                                              Exchange Rule 307, Interpretations and                                                                         2. Statutory Basis
                                                                                                      the market.7 Then, in 2012, the position
                                              Policies .01, and Exchange Rule 309,                    limits for SPY options were eliminated                    The Exchange believes that its
                                              Interpretations and Policies .01, to allow              as part of the SPY Pilot Program.8                     proposal is consistent with the
                                              the SPY Pilot Program to terminate on                                                                          requirements of the Act and the rules
                                                                                                         The underlying SPY tracks the
                                              July 12, 2018, the current expiration                                                                          and regulations thereunder that are
                                                                                                      performance of the S&P 500 Index and                   applicable to a national securities
                                              date of the SPY Pilot Program. In lieu of               the Exchange notes that the SPY and
                                              extending the SPY Pilot Program for                                                                            exchange, and, in particular, with the
                                                                                                      SPY options have deep, liquid markets                  requirements of Section 6(b) of the
                                              another year, the Exchange proposes to
                                                                                                      that reduce concerns regarding                         Act.11 Specifically, the proposal is
                                              allow the SPY Pilot Program to
                                                                                                      manipulation and disruption in the                     consistent with Section 6(b)(5) of the
                                              terminate and to establish position and
                                                                                                      underlying markets. In support of this                 Act 12 because it is designed to prevent
                                              exercise limits of 1,800,000 contracts,
                                                                                                      proposed rule change, the Exchange has                 fraudulent and manipulative acts and
                                              for options on SPY, with such change
                                                                                                      collected the following trading statistics             practices, to promote just and equitable
                                              becoming operative on July 12, 2018, so
                                                                                                      for SPY and SPY Options: (1) The                       principles of trade, to foster cooperation
                                              that there is no lapse in time between
                                                                                                      average daily volume (‘‘ADV’’) to date                 and coordination with persons engaged
                                              termination of the SPY Pilot Program
                                                                                                      (as of May 15, 2018) for SPY is 108.32                 in facilitating transactions in securities,
                                              and the establishment of the new limits.
                                              Furthermore, as a result of the                         million shares; (2) the ADV to date in                 to remove impediments to, and perfect
                                              termination of the SPY Pilot Program,                   2018 for SPY options is 3.9 million                    the mechanism of, a free and open
                                              the Exchange does not believe it is                     contracts per day; (3) the total shares                market and a national market system
                                              necessary to submit a SPY Pilot Program                 outstanding for SPY are 965.43 million;                and, in general, to protect investors and
                                              Report at the end of the SPY Pilot                      and (4) the fund market cap for SPY is                 the public interest. The Exchange
                                              Program. Based on the prior SPY Pilot                   261.65 billion. The Exchange represents                believes that establishing permanent
                                              Program Reports provided to the                         further that there is tremendous                       position and exercise limits for SPY
                                              Commission,4 the Exchange believes it                   liquidity in the securities that make up               options subject to this proposal will
                                              is appropriate to terminate the SPY Pilot               the S&P 500 Index.                                     encourage Market Makers to continue to
                                              Program and that permanent position                        Accordingly, the Exchange proposes                  provide sufficient liquidity in SPY
                                              and exercise limits should be                           to amend Interpretations and Policies                  options on the Exchange, which will
                                              established for SPY.                                    .01 to Exchange Rule 307 and                           enhance the process of price discovery
                                                 Position limits are designed to                      Interpretations and Policies .01 to                    conducted on the Exchange. The
                                              address potential manipulative schemes                  Exchange Rule 309 to set forth that the                proposal will also benefit institutional
                                              and adverse market impact surrounding                   position and exercise limits for options               investors as well as retail traders, and
                                              the use of options, such as disrupting                  on SPY would be 1,800,000 contracts on                 public customers, by continuing to
                                              the market in the security underlying                   the same side of the market. These                     provide them with an effective trading
                                              the options. The potential manipulative                 position and exercise limits equal the                 and hedging vehicle. In addition, the
                                              schemes and adverse market impact are                   current position and exercise limits for               Exchange believes that the structure of
                                              balanced against the potential of setting               options on QQQ, which the Commission                   the SPY options subject to this proposal
                                              the limits so low as to discourage                      previously approved to be increased                    and the considerable liquidity of the
                                              participation in the options market. The                from 900,000 contracts on the same side                market for those options diminishes the
                                              level of those position limits must be                  of the market, to 1,800,000 contracts on               opportunity to manipulate this product
                                              balanced between curtailing potential                   the same side of the market. 9 The                     and disrupt the underlying market that
                                              manipulation and the cost of preventing                 Exchange also notes that SPY is more                   a lower position limit may protect
                                              potential hedging activity that could be                liquid than QQQ.10 The Exchange                        against.
                                              used for legitimate economic purposes.                  believes that establishing position and                   Increased position limits for select
                                                 The SPY Pilot Program was                            exercise limits for the SPY options in                 actively traded options, such as that
                                              established in 2012 in order to eliminate               the amount of 1,800,000 contracts on                   proposed herein (increased as compared
                                              position and exercise limits for                        the same side of the market subject to                 to the 900,000 limit in place prior to the
                                              physically-settled SPY options. 5 In                    this proposal would allow for the                      SPY Pilot Program),13 is not novel and
                                              2005, the position limits for SPY                       maintenance of the liquid and                          has been previously approved by the
                                              options were increased from 75,000                      competitive market environment for                     Commission. For example, the
                                              contracts to 300,000 contracts on the                   these options, which will benefit                      Commission has previously approved a
                                              same side of the market.6 In July 2011,                 customers interested in these products.                rule change permitting the Exchange to
                                                                                                      Under the proposal, the reporting                      double the position and exercise limits
                                                 3 See Securities Exchange Act Release No. 81020

                                              (June 26, 2017), 82 FR 29951 (June 30, 2017)(SR–
                                                                                                                                                             for FXI, EEM, IWM, EFA, EWZ, TLT,
                                              MIAX–2017–30)(extending the SPY Pilot Program              7 See Securities Exchange Act Release No. 64928     QQQ, and EWJ.14 Furthermore, as
                                              to July 12, 2018); see also Securities Exchange Act     (July 20, 2011), 76 FR 44633 (July 26, 2011)(SR–       previously mentioned, the Commission
                                              Release Nos. 67672 (August 15, 2012), 77 FR 50750       CBOE–2011–065).                                        specifically approved a proposal by the
                                              (August 22, 2012)(SR–NYSEAmex–2012–29); 67937              8 See supra note 5.

                                              (September 27, 2012), 77 FR 60489 (October 3,              9 See Securities Exchange Act Release No. 82931
                                                                                                                                                             Exchange to increase the position and
                                              2012)(SR–CBOE–2012–091).                                (March 22, 2018), 83 FR 13323 (March 28,               exercise limits for options on QQQ from
                                                                                                                                                             900,000 contracts on the same side of
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                                                 4 Id.
                                                                                                      2018)(SR–MIAX–2018–10); see also Securities
                                                 5 See Securities Exchange Act Release Nos. 67672     Exchange Act Release No. 82770 (February 23,           the market to 1,800,000 contracts on the
                                              (August 15, 2012), 77 FR 50750 (August 22,              2018), 83 FR 8907 (March 1, 2018)(SR–CBOE–2017–        same side of the market; similar to the
                                              2012)(SR–NYSEAmex-2012–29); 67937 (September            057).
                                              27, 2012), 77 FR 60489 (October 3, 2012)(SR–               10 From the beginning of the year, through May
                                                                                                                                                              11 15 U.S.C. 78f(b).
                                              CBOE–2012–091).                                         15, 2018, the ADV for SPY was 108.32 million
                                                 6 See Securities Exchange Act Release No. 51041                                                              12 15 U.S.C. 78f(b)(5).
                                                                                                      shares while the ADV for QQQ was 46.64 million
                                                                                                                                                              13 See supra note 7.
                                              (January 14, 2005), 70 FR 3408 (January 24,             shares (calculated using data from Yahoo Finance
                                              2005)(SR–CBOE–2005–06).                                 as of May 15, 2018).                                    14 See supra note 9.




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                                                                               Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices                                                     26125

                                              current proposal for options on SPY. 15                  III. Date of Effectiveness of the                         submission, all subsequent
                                              The Exchange also notes that SPY is                      Proposed Rule Change and Timing for                       amendments, all written statements
                                              more liquid than QQQ.16                                  Commission Action                                         with respect to the proposed rule
                                                 Lastly, the Commission expressed the                     Because the foregoing proposed rule                    change that are filed with the
                                              belief that implementing higher position                 change does not: (i) Significantly affect                 Commission, and all written
                                              and exercise limits may bring additional                 the protection of investors or the public                 communications relating to the
                                              depth and liquidity without increasing                   interest; (ii) impose any significant                     proposed rule change between the
                                              concerns regarding intermarket                           burden on competition; and (iii) become                   Commission and any person, other than
                                              manipulation or disruption of the                        operative for 30 days after the date of                   those that may be withheld from the
                                              options or the underlying securities.17                  the filing, or such shorter time as the                   public in accordance with the
                                              The Exchange’s existing surveillance                     Commission may designate, it has                          provisions of 5 U.S.C. 552, will be
                                              and reporting safeguards are designed to                 become effective pursuant to 19(b)(3)(A)                  available for website viewing and
                                              deter and detect possible manipulative                   of the Act 20 and Rule 19b–4(f)(6) 21                     printing in the Commission’s Public
                                              behavior which might arise from                                                                                    Reference Room, 100 F Street NE,
                                                                                                       thereunder.
                                              increasing position and exercise limits                     At any time within 60 days of the                      Washington, DC 20549, on official
                                              (increased as compared to the 900,000                    filing of the proposed rule change, the                   business days between the hours of
                                              limit in place prior to the SPY Pilot                    Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                              Program).18                                              temporarily suspend such rule change if                   filing also will be available for
                                                                                                       it appears to the Commission that such                    inspection and copying at the principal
                                              B. Self-Regulatory Organization’s                                                                                  office of the Exchange. All comments
                                                                                                       action is necessary or appropriate in the
                                              Statement on Burden on Competition                                                                                 received will be posted without change.
                                                                                                       public interest, for the protection of
                                                                                                                                                                 Persons submitting comments are
                                                 MIAX Options does not believe that                    investors, or otherwise in furtherance of
                                                                                                                                                                 cautioned that we do not redact or edit
                                              the proposed rule change will impose                     the purposes of the Act. If the
                                                                                                                                                                 personal identifying information from
                                              any burden on competition that is not                    Commission takes such action, the
                                                                                                                                                                 comment submissions. You should
                                              necessary or appropriate in furtherance                  Commission shall institute proceedings
                                                                                                                                                                 submit only information that you wish
                                              of the purposes of the Act. The                          to determine whether the proposed rule
                                                                                                                                                                 to make available publicly. All
                                              Exchange believes the entire proposal is                 should be approved or disapproved.
                                                                                                                                                                 submissions should refer to File
                                              consistent with Section (6)(b)(8) of the                 IV. Solicitation of Comments                              Number SR–MIAX–2018–11 and should
                                              Act 19 in that it does not impose any                                                                              be submitted on or before June 26, 2018.
                                              burden on competition that is not                          Interested persons are invited to
                                              necessary or appropriate in furtherance                  submit written data, views, and                             For the Commission, by the Division of
                                                                                                       arguments concerning the foregoing,                       Trading and Markets, pursuant to delegated
                                              of the purposes of the Act. On the                                                                                 authority.22
                                              contrary, the Exchange believes the                      including whether the proposed rule
                                                                                                       change is consistent with the Act.                        Eduardo A. Aleman,
                                              proposal promotes competition because
                                                                                                       Comments may be submitted by any of                       Assistant Secretary.
                                              it will enable the option exchanges to
                                              attract additional order flow from the                   the following methods:                                    [FR Doc. 2018–11985 Filed 6–4–18; 8:45 am]
                                              over-the-counter market, who in turn                                                                               BILLING CODE 8011–01–P
                                                                                                       Electronic Comments
                                              compete for those orders. The Exchange
                                                                                                         • Use the Commission’s internet
                                              believes that the proposed rule change
                                                                                                       comment form (http://www.sec.gov/                         SECURITIES AND EXCHANGE
                                              will result in continued opportunities to
                                                                                                       rules/sro.shtml); or                                      COMMISSION
                                              achieve the investment and trading                         • Send an email to rule-comments@
                                              objectives of market participants seeking                sec.gov. Please include File Number SR–
                                                                                                                                                                 [Release No. 34–83342; File No. SR–NYSE–
                                              efficient trading and hedging vehicles,                                                                            2018–19]
                                                                                                       MIAX–2018–11 on the subject line.
                                              to the benefit of investors, market
                                              participants, and the marketplace in                     Paper Comments                                            Self-Regulatory Organizations; New
                                              general. MIAX Options believes this                                                                                York Stock Exchange LLC; Notice of
                                                                                                         • Send paper comments in triplicate                     Filing and Immediate Effectiveness of
                                              proposed rule change is necessary to                     to Brent J. Fields, Secretary, Securities
                                              permit fair competition among the                                                                                  Proposed Rule Change To Amend the
                                                                                                       and Exchange Commission, 100 F Street                     Intercontinental Exchange, Inc.
                                              options exchanges and to establish                       NE, Washington, DC 20549–1090.
                                              uniform position limits for additional                                                                             Director Independence Policy
                                                                                                       All submissions should refer to File
                                              multiply listed option classes.                          Number SR–MIAX–2018–11. This file                         May 30, 2018.
                                              Furthermore, MIAX Options believes                       number should be included on the                             Pursuant to Section 19(b)(1) 1 of the
                                              that the other options exchanges will                    subject line if email is used. To help the                Securities Exchange Act of 1934 (the
                                              file similar proposals with the                          Commission process and review your                        ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                              Commission.                                              comments more efficiently, please use                     notice is hereby given that, on May 22,
                                              C. Self-Regulatory Organization’s                        only one method. The Commission will                      2018, New York Stock Exchange LLC
                                              Statement on Comments on the                             post all comments on the Commission’s                     (‘‘NYSE’’ or the ‘‘Exchange’’) filed with
                                              Proposed Rule Change Received From                       internet website (http://www.sec.gov/                     the Securities and Exchange
                                              Members, Participants, or Others                         rules/sro.shtml). Copies of the                           Commission (the ‘‘Commission’’) the
                                                                                                                                                                 proposed rule change as described in
                                                Written comments were neither                                                                                    Items I and II below, which Items have
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                                                                                                         20 15  U.S.C. 78s(b)(3)(A).
                                              solicited nor received.                                    21 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      been prepared by the self-regulatory
                                                                                                       4(f)(6) requires a self-regulatory organization to give   organization. The Commission is
                                                15 Id.                                                 the Commission written notice of its intent to file
                                                16 See
                                                                                                       the proposed rule change at least five business days
                                                       supra note 10.                                  prior to the date of filing of the proposed rule
                                                                                                                                                                   22 17 CFR 200.30–3(a)(12).
                                                17 See supra note 9.                                                                                               1 15 U.S.C.78s(b)(1).
                                                                                                       change, or such shorter time as designated by the
                                                18 See supra note 7.                                                                                               2 15 U.S.C. 78a.
                                                                                                       Commission. The Exchange has satisfied this
                                                19 15 U.S.C. 78f(b)(8).                                requirement.                                                3 17 CFR 240.19b–4.




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Document Created: 2018-11-02 11:46:23
Document Modified: 2018-11-02 11:46:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 26123 

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