83_FR_28396 83 FR 28279 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Commentary .07 to Rule 904

83 FR 28279 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Commentary .07 to Rule 904

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range28279-28281
FR Document2018-12933

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28279-28281]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12933]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83417; File No. SR-NYSEAMER-2018-26]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend 
Commentary .07 to Rule 904

June 12, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on June 8, 2018, NYSE American LLC (the ``Exchange'' or 
``NYSE American'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 proposes to amend Commentary .07 to Rule 904 to amend 
the position limits for options on SPDR S&P 500 ETF (``SPY''). The 
proposed rule change is available on the Exchange's website at 
www.nyse.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    Rule 904 (Position Limits) establishes position limits for 
aggregate positions in option contracts traded on the Exchange. 
Commentary .07 to Rule 904 lists specific position limits for certain 
select underlying securities. SPY is among the certain select 
underlying securities listed in the Rule. Currently, Rule 904 provides 
that there are no position limits on options overlying SPY pursuant to 
a pilot program, which is scheduled to expire on July 12, 2018 (``SPY 
Pilot Program'').\4\
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    \4\ See Securities Exchange Act Release No. 67672 (August 15, 
2012), 77 FR 50750 (August 22, 2012). The SPY Pilot Program was 
subsequently extended. See Securities Exchange Release Nos. 70734 
(October 22, 2013), 78 FR 64255 (October 28, 2013); 73847 (December 
16, 2014), 79 FR 76426 (December 22, 2014); 75416 (July 9, 2015), 80 
FR 41521 (July 15, 2015); 78241 (July 7, 2016), 81 FR 45325 (July 
13, 2016); and 81130 (July 12, 2017), 82 FR 32906 (July 18, 2017).
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    The Exchange proposes to amend Rule 904, Commentary .07, 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, the Exchange proposes to allow the SPY Pilot Program to 
terminate and to establish position 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.\5\ 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,\6\ the Exchange believes it is 
appropriate to terminate the SPY Pilot Program and establish permanent 
position limits for SPY.
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    \5\ Pursuant to Rule 905, the exercise limit for options on SPY 
is equivalent to the position limit for SPY options and would also 
be amended pursuant to this proposal.
    \6\ See supra, note 4.
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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

[[Page 28280]]

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.\7\ 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.\8\ 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.\9\ Then, in 2012, the position limits for SPY options were 
eliminated as part of the SPY Pilot Program.\10\
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    \7\ See Securities Exchange Act Release Nos. 67672 (August 15, 
2012), 77 FR 50750 (August 22, 2012) (SR-NYSEAmex-2012-29); and 
67937 (September 27, 2012), 77 FR 60489 (October 3, 2012) (SR-CBOE-
2012-091).
    \8\ See Securities Exchange Act Release No. 51041 (January 14, 
2005), 70 FR 3408 (January 24, 2005) (SR-CBOE-2005-06).
    \9\ See Securities Exchange Act Release No. 64928 (July 20, 
2011), 76 FR 44633 (July 26, 2011) (SR-CBOE-2011-065).
    \10\ See supra, note 7.
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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'') (as of May 15, 2018) 
for SPY is 108.32 million shares; (2) the ADV 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 Commentary .07 to Rule 
904 to set forth that the position limit for options on SPY would be 
1,800,000 contracts on the same side of the market. This position limit 
equals the current position limit for options on the PowerShares QQQ 
Trust (``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.\11\ The Exchange 
also notes that SPY is more liquid than QQQ.\12\ The Exchange believes 
that establishing position limits for SPY options in the amount of 
1,800,000 contracts on the same side of the market 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 SPY options would be 
unchanged.
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    \11\ See Securities Exchange Act Release No. 83065 (April 19, 
2018), 83 FR 18093 (April 25, 2018) (SR-NYSEAMER-2018-14); See also 
Securities Exchange Act Release No. 82770 (February 23, 2018), 83 FR 
8907 (March 1, 2018) (SR-CBOE-2017-057).
    \12\ 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).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \13\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \14\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism of a free and open market and a national market system, 
and, in general, to protect investors and the public interest. The 
Exchange believes that establishing permanent position limits for SPY 
options 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 SPY options 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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    \13\ 15 U.S.C. 78f(b).
    \14\ 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),\15\ 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 iShares China Large-Cap ETF (``FXI''), 
iShares MSCI EAFE ETF (``EFA''), iShares MSCI Emerging Markets ETF 
(``EEM''), iShares Russell 2000 ETF (``IWM''), iShares MSCI Brazil 
Capped ETF (``EWZ''), iShares 20+ Year Treasury Bond Fund ETF 
(``TLT''), iShares MSCI Japan ETF (``EWJ'') and QQQ.\16\ 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 current proposal for options on SPY.\17\ The Exchange also notes 
that SPY is more liquid than QQQ.\18\
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    \15\ See supra, note 9.
    \16\ See supra, note 11.
    \17\ Id.
    \18\ See supra, note 12.
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    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.\19\ The Exchange's existing surveillance and reporting 
safeguards are designed to deter and detect possible manipulative 
behavior which might arise from increasing position limits (increased 
as compared to the 900,000 limit in place prior to the SPY Pilot 
Program).\20\
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    \19\ See supra, note 11.
    \20\ See supra, note 9.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change is not 
designed to address any aspect of competition, whether between the 
Exchange and its competitors, or among market participants. Instead, 
the proposed rule change promotes competition because it will enable 
the options 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. The Exchange 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.

[[Page 28281]]

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-4(f)(6) 
\22\ thereunder.
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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 [email protected]. Please include 
File Number SR-NYSEAMER-2018-26 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-NYSEAMER-2018-26. 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-NYSEAMER-2018-26 and should be submitted 
on or before July 9, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12933 Filed 6-15-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                                    28279

                                              to determine whether the proposed rule                      For the Commission, by the Division of               of the most significant parts of such
                                              should be approved or disapproved.                        Trading and Markets, pursuant to delegated             statements.
                                                                                                        authority.23
                                              IV. Solicitation of Comments                              Eduardo A. Aleman,                                     A. Self-Regulatory Organization’s
                                                                                                                                                               Statement of the Purpose of, and
                                                Interested persons are invited to                       Assistant Secretary.
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                              submit written data, views, and                           [FR Doc. 2018–12929 Filed 6–15–18; 8:45 am]
                                                                                                                                                               Change
                                              arguments concerning the foregoing,                       BILLING CODE 8011–01–P
                                              including whether the proposed rule                                                                              1. Purpose
                                              change is consistent with the Act.                                                                                  Rule 904 (Position Limits) establishes
                                              Comments may be submitted by any of                       SECURITIES AND EXCHANGE                                position limits for aggregate positions in
                                              the following methods:                                    COMMISSION                                             option contracts traded on the
                                              Electronic Comments                                                                                              Exchange. Commentary .07 to Rule 904
                                                                                                        [Release No. 34–83417; File No. SR–                    lists specific position limits for certain
                                                • Use the Commission’s internet                         NYSEAMER–2018–26]                                      select underlying securities. SPY is
                                              comment form (http://www.sec.gov/                                                                                among the certain select underlying
                                              rules/sro.shtml); or                                      Self-Regulatory Organizations; NYSE                    securities listed in the Rule. Currently,
                                                • Send an email to rule-comments@                       American LLC; Notice of Filing and                     Rule 904 provides that there are no
                                              sec.gov. Please include File Number SR–                   Immediate Effectiveness of Proposed                    position limits on options overlying
                                              NYSEArca–2018–44 on the subject line.                     Rule Change To Amend Commentary                        SPY pursuant to a pilot program, which
                                                                                                        .07 to Rule 904                                        is scheduled to expire on July 12, 2018
                                              Paper Comments
                                                                                                        June 12, 2018.                                         (‘‘SPY Pilot Program’’).4
                                                 • Send paper comments in triplicate                                                                              The Exchange proposes to amend
                                              to Brent J. Fields, Secretary, Securities                    Pursuant to Section 19(b)(1) 1 of the
                                                                                                                                                               Rule 904, Commentary .07, to allow the
                                              and Exchange Commission, 100 F Street                     Securities Exchange Act of 1934 (the
                                                                                                                                                               SPY Pilot Program to terminate on July
                                              NE, Washington, DC 20549–1090.                            ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                                                                               12, 2018, the current expiration date of
                                                                                                        notice is hereby given that on June 8,
                                              All submissions should refer to File                                                                             the SPY Pilot Program. In lieu of
                                                                                                        2018, NYSE American LLC (the
                                              Number SR–NYSEArca–2018–44. This                                                                                 extending the SPY Pilot Program, the
                                                                                                        ‘‘Exchange’’ or ‘‘NYSE American’’) filed
                                              file number should be included on the                                                                            Exchange proposes to allow the SPY
                                                                                                        with the Securities and Exchange
                                              subject line if email is used. To help the                                                                       Pilot Program to terminate and to
                                                                                                        Commission (‘‘Commission’’) the
                                              Commission process and review your                                                                               establish position limits of 1,800,000
                                                                                                        proposed rule change as described in
                                              comments more efficiently, please use                                                                            contracts, for options on SPY, with such
                                                                                                        Items I and II below, which Items have                 change becoming operative on July 12,
                                              only one method. The Commission will                      been prepared by the self-regulatory
                                              post all comments on the Commission’s                                                                            2018, so that there is no lapse in time
                                                                                                        organization. The Commission is                        between termination of the SPY Pilot
                                              internet website (http://www.sec.gov/                     publishing this notice to solicit
                                              rules/sro.shtml). Copies of the                                                                                  Program and the establishment of the
                                                                                                        comments on the proposed rule change                   new limits.5 Furthermore, as a result of
                                              submission, all subsequent                                from interested persons.
                                              amendments, all written statements                                                                               the termination of the SPY Pilot
                                              with respect to the proposed rule                         I. Self-Regulatory Organization’s                      Program, the Exchange does not believe
                                              change that are filed with the                            Statement of the Terms of Substance of                 it is necessary to submit a SPY Pilot
                                              Commission, and all written                               the Proposed Rule Change                               Program Report at the end of the SPY
                                              communications relating to the                                                                                   Pilot Program. Based on the prior SPY
                                                                                                           The Exchange proposes to amend
                                              proposed rule change between the                                                                                 Pilot Program Reports provided to the
                                                                                                        Commentary .07 to Rule 904 to amend
                                              Commission and any person, other than                                                                            Commission,6 the Exchange believes it
                                                                                                        the position limits for options on SPDR
                                              those that may be withheld from the                                                                              is appropriate to terminate the SPY Pilot
                                                                                                        S&P 500 ETF (‘‘SPY’’). The proposed
                                              public in accordance with the                                                                                    Program and establish permanent
                                                                                                        rule change is available on the
                                              provisions of 5 U.S.C. 552, will be                                                                              position limits for SPY.
                                                                                                        Exchange’s website at www.nyse.com, at
                                              available for website viewing and                                                                                   Position limits are designed to
                                                                                                        the principal office of the Exchange, and
                                              printing in the Commission’s Public                                                                              address potential manipulative schemes
                                                                                                        at the Commission’s Public Reference
                                              Reference Room, 100 F Street NE,                                                                                 and adverse market impact surrounding
                                                                                                        Room.
                                              Washington, DC 20549, on official                                                                                the use of options, such as disrupting
                                              business days between the hours of                        II. Self-Regulatory Organization’s                     the market in the security underlying
                                              10:00 a.m. and 3:00 p.m. Copies of the                    Statement of the Purpose of, and                       the options. The potential manipulative
                                              filing also will be available for                         Statutory Basis for, the Proposed Rule                 schemes and adverse market impact are
                                              inspection and copying at the principal                   Change                                                 balanced against the potential of setting
                                              office of the Exchange. All comments                                                                             the limits so low as to discourage
                                                                                                          In its filing with the Commission, the
                                              received will be posted without change.                   self-regulatory organization included                     4 See Securities Exchange Act Release No. 67672
                                              Persons submitting comments are                           statements concerning the purpose of,                  (August 15, 2012), 77 FR 50750 (August 22, 2012).
                                              cautioned that we do not redact or edit                   and basis for, the proposed rule change                The SPY Pilot Program was subsequently extended.
                                              personal identifying information from                     and discussed any comments it received                 See Securities Exchange Release Nos. 70734
                                              comment submissions. You should                           on the proposed rule change. The text                  (October 22, 2013), 78 FR 64255 (October 28, 2013);
                                              submit only information that you wish                                                                            73847 (December 16, 2014), 79 FR 76426 (December
                                                                                                        of those statements may be examined at
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                               22, 2014); 75416 (July 9, 2015), 80 FR 41521 (July
                                              to make available publicly. All                           the places specified in Item IV below.                 15, 2015); 78241 (July 7, 2016), 81 FR 45325 (July
                                              submissions should refer to File                          The Exchange has prepared summaries,                   13, 2016); and 81130 (July 12, 2017), 82 FR 32906
                                              Number SR–NYSEArca–2018–44 and                            set forth in sections A, B, and C below,               (July 18, 2017).
                                                                                                                                                                  5 Pursuant to Rule 905, the exercise limit for
                                              should be submitted on or before July 9,
                                                                                                                                                               options on SPY is equivalent to the position limit
                                              2018.                                                       1 15 U.S.C. 78s(b)(1).                               for SPY options and would also be amended
                                                                                                          2 15 U.S.C. 78a.                                     pursuant to this proposal.
                                                23 17   CFR 200.30–3(a)(12).                              3 17 CFR 240.19b–4.                                     6 See supra, note 4.




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                                              28280                          Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                              participation in the options market. The                also notes that SPY is more liquid than                2000 ETF (‘‘IWM’’), iShares MSCI Brazil
                                              level of those position limits must be                  QQQ.12 The Exchange believes that                      Capped ETF (‘‘EWZ’’), iShares 20+ Year
                                              balanced between curtailing potential                   establishing position limits for SPY                   Treasury Bond Fund ETF (‘‘TLT’’),
                                              manipulation and the cost of preventing                 options in the amount of 1,800,000                     iShares MSCI Japan ETF (‘‘EWJ’’) and
                                              potential hedging activity that could be                contracts on the same side of the market               QQQ.16 Furthermore, as previously
                                              used for legitimate economic purposes.                  would allow for the maintenance of the                 mentioned, the Commission specifically
                                                The SPY Pilot Program was                             liquid and competitive market                          approved a proposal by the Exchange to
                                              established in 2012 in order to eliminate               environment for these options, which                   increase the position and exercise limits
                                              position and exercise limits for                        will benefit customers interested in                   for options on QQQ from 900,000
                                              physically-settled SPY options.7 In                     these products. Under the proposal, the
                                                                                                                                                             contracts on the same side of the market
                                              2005, the position limits for SPY                       reporting requirement for SPY options
                                                                                                                                                             to 1,800,000 contracts on the same side
                                              options were increased from 75,000                      would be unchanged.
                                                                                                                                                             of the market; similar to the current
                                              contracts to 300,000 contracts on the                   2. Statutory Basis                                     proposal for options on SPY.17 The
                                              same side of the market.8 In July 2011,
                                              the position limit for these options was                   The Exchange believes that its                      Exchange also notes that SPY is more
                                              again increased from 300,000 contracts                  proposal is consistent with Section 6(b)               liquid than QQQ.18
                                              to 900,000 contracts on the same side of                of the Act 13 in general, and furthers the                Lastly, the Commission expressed the
                                              the market.9 Then, in 2012, the position                objectives of Section 6(b)(5) of the Act 14            belief that implementing higher position
                                              limits for SPY options were eliminated                  in particular, in that it is designed to               and exercise limits may bring additional
                                              as part of the SPY Pilot Program.10                     prevent fraudulent and manipulative                    depth and liquidity without increasing
                                                The underlying SPY tracks the                         acts and practices, to promote just and                concerns regarding intermarket
                                              performance of the S&P 500 Index and                    equitable principles of trade, to remove
                                                                                                                                                             manipulation or disruption of the
                                              the Exchange notes that the SPY and                     impediments to and perfect the
                                                                                                                                                             options or the underlying securities.19
                                              SPY options have deep, liquid markets                   mechanism of a free and open market
                                                                                                      and a national market system, and, in                  The Exchange’s existing surveillance
                                              that reduce concerns regarding                                                                                 and reporting safeguards are designed to
                                              manipulation and disruption in the                      general, to protect investors and the
                                                                                                      public interest. The Exchange believes                 deter and detect possible manipulative
                                              underlying markets. In support of this                                                                         behavior which might arise from
                                              proposed rule change, the Exchange has                  that establishing permanent position
                                                                                                      limits for SPY options will encourage                  increasing position limits (increased as
                                              collected the following trading statistics                                                                     compared to the 900,000 limit in place
                                              for SPY and SPY Options: (1) The                        Market Makers to continue to provide
                                                                                                      sufficient liquidity in SPY options on                 prior to the SPY Pilot Program).20
                                              average daily volume (‘‘ADV’’) (as of
                                              May 15, 2018) for SPY is 108.32 million                 the Exchange, which will enhance the                   B. Self-Regulatory Organization’s
                                              shares; (2) the ADV in 2018 for SPY                     process of price discovery conducted on                Statement on Burden on Competition
                                              options is 3.9 million contracts per day;               the Exchange. The proposal will also
                                              (3) the total shares outstanding for SPY                benefit institutional investors as well as                The Exchange does not believe that
                                              are 965.43 million; and (4) the fund                    retail traders, and public customers, by               the proposed rule change will impose
                                              market cap for SPY is 261.65 billion.                   continuing to provide them with an                     any burden on competition not
                                              The Exchange represents further that                    effective trading and hedging vehicle. In              necessary or appropriate in furtherance
                                              there is tremendous liquidity in the                    addition, the Exchange believes that the               of the purposes of the Act. The
                                              securities that make up the S&P 500                     structure of SPY options and the                       proposed rule change is not designed to
                                              Index.                                                  considerable liquidity of the market for               address any aspect of competition,
                                                Accordingly, the Exchange proposes                    those options diminishes the                           whether between the Exchange and its
                                              to amend Commentary .07 to Rule 904                     opportunity to manipulate this product                 competitors, or among market
                                              to set forth that the position limit for                and disrupt the underlying market that                 participants. Instead, the proposed rule
                                              options on SPY would be 1,800,000                       a lower position limit may protect
                                                                                                                                                             change promotes competition because it
                                              contracts on the same side of the                       against.
                                                                                                         Increased position limits for select                will enable the options exchanges to
                                              market. This position limit equals the                                                                         attract additional order flow from the
                                              current position limit for options on the               actively traded options, such as that
                                                                                                      proposed herein (increased as compared                 over-the-counter market, who in turn
                                              PowerShares QQQ Trust (‘‘QQQ’’),                                                                               compete for those orders. The Exchange
                                              which the Commission previously                         to the 900,000 limit in place prior to the
                                                                                                      SPY Pilot Program),15 is not novel and                 believes that the proposed rule change
                                              approved to be increased from 900,000                                                                          will result in continued opportunities to
                                              contracts on the same side of the                       has been previously approved by the
                                                                                                      Commission. For example, the                           achieve the investment and trading
                                              market, to 1,800,000 contracts on the                                                                          objectives of market participants seeking
                                              same side of the market.11 The Exchange                 Commission has previously approved a
                                                                                                      rule change permitting the Exchange to                 efficient trading and hedging vehicles,
                                                 7 See Securities Exchange Act Release Nos. 67672     double the position and exercise limits                to the benefit of investors, market
                                              (August 15, 2012), 77 FR 50750 (August 22, 2012)        for iShares China Large-Cap ETF                        participants, and the marketplace in
                                              (SR–NYSEAmex–2012–29); and 67937 (September             (‘‘FXI’’), iShares MSCI EAFE ETF                       general. The Exchange believes this
                                              27, 2012), 77 FR 60489 (October 3, 2012) (SR–           (‘‘EFA’’), iShares MSCI Emerging                       proposed rule change is necessary to
                                              CBOE–2012–091).
                                                 8 See Securities Exchange Act Release No. 51041
                                                                                                      Markets ETF (‘‘EEM’’), iShares Russell                 permit fair competition among the
                                              (January 14, 2005), 70 FR 3408 (January 24, 2005)                                                              options exchanges and to establish
                                                                                                      2018), 83 FR 8907 (March 1, 2018) (SR–CBOE–            uniform position limits for additional
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                                              (SR–CBOE–2005–06).
                                                 9 See Securities Exchange Act Release No. 64928      2017–057).                                             multiply listed option classes.
                                                                                                        12 From the beginning of the year, through May
                                              (July 20, 2011), 76 FR 44633 (July 26, 2011) (SR–
                                              CBOE–2011–065).                                         15, 2018, the ADV for SPY was 108.32 million
                                                                                                                                                              16 See   supra, note 11.
                                                 10 See supra, note 7.                                shares while the ADV for QQQ was 46.64 million
                                                                                                                                                              17 Id.
                                                 11 See Securities Exchange Act Release No. 83065     shares (calculated using data from Yahoo Finance).
                                                                                                        13 15 U.S.C. 78f(b).                                  18 See supra, note 12.
                                              (April 19, 2018), 83 FR 18093 (April 25, 2018) (SR–
                                                                                                        14 15 U.S.C. 78f(b)(5).                               19 See supra, note 11.
                                              NYSEAMER–2018–14); See also Securities
                                              Exchange Act Release No. 82770 (February 23,              15 See supra, note 9.                                 20 See supra, note 9.




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                                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                              28281

                                              C. Self-Regulatory Organization’s                         All submissions should refer to File                    of 1995, 44 U.S.C. 3501–3520, the
                                              Statement on Comments on the                              Number SR–NYSEAMER–2018–26. This                        Securities and Exchange Commission
                                              Proposed Rule Change Received From                        file number should be included on the                   (‘‘Commission’’) is soliciting comments
                                              Members, Participants, or Others                          subject line if email is used. To help the              on the collection of information
                                                                                                        Commission process and review your                      summarized below. The Commission
                                                No written comments were solicited
                                                                                                        comments more efficiently, please use                   plans to submit the existing collection
                                              or received with respect to the proposed                                                                          of information to the Office of
                                                                                                        only one method. The Commission will
                                              rule change.                                                                                                      Management and Budget for extension.
                                                                                                        post all comments on the Commission’s
                                              III. Date of Effectiveness of the                         internet website (http://www.sec.gov/                      On February 6, 2003, the Commission
                                              Proposed Rule Change and Timing for                       rules/sro.shtml). Copies of the                         published final rules, effective August 5,
                                              Commission Action                                         submission, all subsequent                              2003, entitled ‘‘Standards of
                                                                                                        amendments, all written statements                      Professional Conduct for Attorneys
                                                 Because the foregoing proposed rule                                                                            Appearing and Practicing Before the
                                                                                                        with respect to the proposed rule
                                              change does not: (i) Significantly affect                                                                         Commission in the Representation of an
                                                                                                        change that are filed with the
                                              the protection of investors or the public                                                                         Issuer’’ (17 CFR 205.1–205.7). The
                                                                                                        Commission, and all written
                                              interest; (ii) impose any significant                                                                             information collection embedded in the
                                                                                                        communications relating to the
                                              burden on competition; and (iii) become                                                                           rules is necessary to implement the
                                                                                                        proposed rule change between the
                                              operative for 30 days after the date of                                                                           Standards of Professional Conduct for
                                                                                                        Commission and any person, other than
                                              the filing, or such shorter time as the                                                                           Attorneys prescribed by the rule and
                                                                                                        those that may be withheld from the
                                              Commission may designate, it has                                                                                  required by Section 307 of the Sarbanes-
                                                                                                        public in accordance with the
                                              become effective pursuant to Section                                                                              Oxley Act of 2002 (15 U.S.C. 7245). The
                                                                                                        provisions of 5 U.S.C. 552, will be
                                              19(b)(3)(A) of the Act 21 and Rule 19b–                                                                           rules impose an ‘‘up-the-ladder’’
                                                                                                        available for website viewing and
                                              4(f)(6) 22 thereunder.                                                                                            reporting requirement when attorneys
                                                                                                        printing in the Commission’s Public
                                                 At any time within 60 days of the                      Reference Room, 100 F Street NE,                        appearing and practicing before the
                                              filing of the proposed rule change, the                   Washington, DC 20549, on official                       Commission become aware of evidence
                                              Commission summarily may                                  business days between the hours of                      of a material violation by the issuer or
                                              temporarily suspend such rule change if                   10:00 a.m. and 3:00 p.m. Copies of the                  any officer, director, employee, or agent
                                              it appears to the Commission that such                    filing also will be available for                       of the issuer. An issuer may choose to
                                              action is necessary or appropriate in the                 inspection and copying at the principal                 establish a qualified legal compliance
                                              public interest, for the protection of                    office of the Exchange. All comments                    committee (‘‘QLCC’’) as an alternative
                                              investors, or otherwise in furtherance of                 received will be posted without change.                 procedure for reporting evidence of a
                                              the purposes of the Act. If the                           Persons submitting comments are                         material violation. In the rare cases in
                                              Commission takes such action, the                         cautioned that we do not redact or edit                 which a majority of a QLCC has
                                              Commission shall institute proceedings                    personal identifying information from                   concluded that an issuer did not act
                                              to determine whether the proposed rule                    comment submissions. You should                         appropriately, the information may be
                                              should be approved or disapproved.                        submit only information that you wish                   communicated to the Commission. The
                                                                                                        to make available publicly. All                         collection of information is, therefore,
                                              IV. Solicitation of Comments
                                                                                                        submissions should refer to File                        an important component of the
                                                Interested persons are invited to                       Number SR–NYSEAMER–2018–26 and                          Commission’s program to discourage
                                              submit written data, views, and                                                                                   violations of the federal securities laws
                                                                                                        should be submitted on or before July 9,
                                              arguments concerning the foregoing,                                                                               and promote ethical behavior of
                                                                                                        2018.
                                              including whether the proposed rule                                                                               attorneys appearing and practicing
                                              change is consistent with the Act.                          For the Commission, by the Division of                before the Commission.
                                              Comments may be submitted by any of                       Trading and Markets, pursuant to delegated                 The respondents to this collection of
                                                                                                        authority.23                                            information are attorneys who appear
                                              the following methods:
                                                                                                        Eduardo A. Aleman,                                      and practice before the Commission
                                              Electronic Comments                                       Assistant Secretary.                                    and, in certain cases, the issuer, and/or
                                                 • Use the Commission’s internet                        [FR Doc. 2018–12933 Filed 6–15–18; 8:45 am]             officers, directors and committees of the
                                              comment form (http://www.sec.gov/                         BILLING CODE 8011–01–P                                  issuer. We believe that, in providing
                                              rules/sro.shtml); or                                                                                              quality representation to issuers,
                                                 • Send an email to rule-comments@                                                                              attorneys report evidence of violations
                                              sec.gov. Please include File Number SR–                   SECURITIES AND EXCHANGE                                 to others within the issuer, including
                                              NYSEAMER–2018–26 on the subject                           COMMISSION                                              the Chief Legal Officer, the Chief
                                              line.                                                                                                             Executive Officer, and, where necessary,
                                                                                                        Submission for OMB Review;                              the directors. In addition, officers and
                                              Paper Comments                                            Comment Request                                         directors investigate evidence of
                                                • Send paper comments in triplicate                     Upon Written Request, Copies Available                  violations and report within the issuer
                                              to Brent J. Fields, Secretary, Securities                  From: Securities and Exchange                          the results of the investigation and the
                                              and Exchange Commission, 100 F Street                                                                             remedial steps they have taken or
                                                                                                         Commission, Office of FOIA Services,
                                              NE, Washington, DC 20549–1090.                                                                                    sanctions they have imposed. Except as
                                                                                                         100 F Street NE, Washington, DC
                                                                                                                                                                discussed below, we therefore believe
                                                                                                         20549–2736
                                                                                                                                                                that the reporting requirements imposed
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                                                21 15  U.S.C. 78s(b)(3)(A).
                                                22 17
                                                                                                        Reports of Evidence of Material Violations:             by the rule are ‘‘usual and customary’’
                                                       CFR 240.19b–4(f)(6). In addition, Rule 19b–        SEC File No. 270–514, OMB Control No.
                                              4(f)(6) requires a self-regulatory organization to give                                                           activities that do not add to the burden
                                                                                                            3235–0572
                                              the Commission written notice of its intent to file                                                               that would be imposed by the collection
                                              the proposed rule change at least five business days        Notice is hereby given that pursuant                  of information.
                                              prior to the date of filing of the proposed rule
                                              change, or such shorter time as designated by the
                                                                                                        to the Paperwork Reduction Act (PRA)                       Certain aspects of the collection of
                                              Commission. The Exchange has satisfied this                                                                       information, however, may impose a
                                              requirement.                                                23 17   CFR 200.30–3(a)(12).                          burden. For an issuer to establish a


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Document Created: 2018-06-18 15:51:00
Document Modified: 2018-06-18 15:51:00
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 28279 

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