83_FR_28410 83 FR 28293 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Position and Exercise Limits for Options on the SPY Exchange Traded Fund

83 FR 28293 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Position and Exercise Limits for Options on the SPY Exchange Traded Fund

SECURITIES AND EXCHANGE COMMISSION

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

Page Range28293-28295
FR Document2018-12932

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28293-28295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12932]



[[Page 28293]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83416; File No. SR-ISE-2018-53]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Position 
and Exercise Limits for Options on the SPY Exchange Traded Fund

June 12, 2018.
    Pursuant to 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 June 4, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the 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 proposes to amend Rule 412, entitled ``Position 
Limits'' at Supplementary Material .01 and Rule 414, entitled 
``Exercise Limits'' at Supplementary Material .01, to amend position 
and exercise limits for options on the SPDR[reg] S&P 500[reg] exchange-
traded fund (``SPY ETF'' or ``SPY''),\3\ which list and trade under the 
symbol ``SPY.''
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    \3\ ``SPDR[reg],'' ``Standard & Poor's[reg],'' ``S&P[reg],'' 
``S&P 500[reg],'' and ``Standard & Poor's 500'' are registered 
trademarks of Standard & Poor's Financial Services LLC. The SPY ETF 
represents ownership in the SPDR S&P 500 Trust, a unit investment 
trust that generally corresponds to the price and yield performance 
of the SPDR S&P 500 Index.
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    The text of the proposed rule change is available on the Exchange's 
website at http://ise.cchwallstreet.com/, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    ISE Rule 412, entitled ``Position Limits'' at Supplementary 
Material .01 and Rule 414, entitled ``Exercise Limits'' at 
Supplementary Material .01 establish positions for aggregate positions 
in option contracts traded on the Exchange. The rule lists specific 
position and 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 scheduled to expire on July 12, 
2018 (``SPY Pilot Program'').\4\
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    \4\ See Securities Exchange Act Release No. 68000 (October 5, 
2012), 77 FR 62300 (October 12, 2012) (SR-ISE-2012-81); 70967 
(December 3, 2013), 78 FR 73912 (December 9, 2013) (SR-ISE-2013-62); 
74224 (February 6, 2015), 80 FR 7892 (February 12, 2015 (SR-ISE-
2015-05); 75411 (July 9, 2015), 80 FR 41543 (July 15, 2015) (SR-ISE-
2015-22); 78295 (July 12, 2016), 81 FR 46728 (July 18, 2016) (SR-
ISE-2016-16); and 81094 (July 7, 2017), 82 FR 32392 (July 13, 2017) 
(SR-ISE-2017-72).
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    The Exchange proposes to amend Rule 412 at Supplementary Material 
.01 and Rule 414 at Supplementary Material .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,\5\ 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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    \5\ 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.\6\ 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.\7\ 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.\8\ Then, in 2012, the position and exercise limits for SPY 
options were eliminated as part of the SPY Pilot Program.\9\
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    \6\ See Securities Exchange Act Release No. 68000 (October 5, 
2012), 77 FR 62300 (October 12, 2012) (SR-ISE-2012-81).
    \7\ See Securities Exchange Act Release No. 51042 (January 14, 
2005), 70 FR 3412 (January 24, 2005) (SR-ISE-2005-05).
    \8\ See Securities Exchange Act Release No. 64760 (June 28, 
2011), 76 FR 39143 (July 5, 2011) (SR-ISE-2011-34).
    \9\ See note 4 above.
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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 Rule 412 at 
Supplementary Material .01 and Rule 414 at Supplementary Material .01 
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

[[Page 28294]]

limits equal the current position and exercise limits for options on 
QQQQ, 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.\10\ The Exchange also notes 
that SPY is more liquid than QQQQ.\11\ 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.
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    \10\ See Securities Exchange Act Release No. 83156 (May 2, 
2018), 83 FR 20875 (May 8, 2018) (SR-ISE-2018-39).
    \11\ From the beginning of the year, through May 15, 2018, the 
ADV for SPY was 108.32 million shares while the ADV for QQQQ 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 Section 
6(b) of the Act,\12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\13\ in particular, in that it is designed 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 
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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    \12\ 15 U.S.C. 78f(b).
    \13\ 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),\14\ 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, QQQQ, 
and EWJ.\15\ Furthermore, as previously mentioned, the Commission 
specifically approved a proposal by the Exchange to increase the 
position and exercise limits for options on QQQQ 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.\16\ 
The Exchange also notes that SPY is more liquid than QQQQ.\17\
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    \14\ See note 8.
    \15\ See note 10 above.
    \16\ Id.
    \17\ See note 11 above.
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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.\18\ 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).\19\
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    \18\ See note 10 above.
    \19\ See note 8 above
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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 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 \20\ 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. The Exchange believes this proposed rule change 
is necessary to permit fair competition among the options exchanges and 
to establish uniform position and exercise limits for additional 
multiply listed option classes. Furthermore, the Exchange believes that 
the other options exchanges will file similar proposals with the 
Commission.
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    \20\ 15 U.S.C. 78(f)(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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \21\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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

[[Page 28295]]

     Send an email to [email protected]. Please include 
File Number SR-ISE-2018-53 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-ISE-2018-53. 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-ISE-2018-53 and should be submitted on 
or before July 9, 2018.
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    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12932 Filed 6-15-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                                     28293

                                              SECURITIES AND EXCHANGE                                 places specified in Item IV below. The                    Position limits are designed to
                                              COMMISSION                                              Exchange has prepared summaries, set                   address potential manipulative schemes
                                                                                                      forth in sections A, B, and C below, of                and adverse market impact surrounding
                                              [Release No. 34–83416; File No. SR–ISE–                 the most significant aspects of such                   the use of options, such as disrupting
                                              2018–53]                                                statements.                                            the market in the security underlying
                                              Self-Regulatory Organizations; Nasdaq                                                                          the options. The potential manipulative
                                                                                                      A. Self-Regulatory Organization’s
                                              ISE, LLC; Notice of Filing and                                                                                 schemes and adverse market impact are
                                                                                                      Statement of the Purpose of, and
                                              Immediate Effectiveness of Proposed                                                                            balanced against the potential of setting
                                                                                                      Statutory Basis for, the Proposed Rule
                                              Rule Change To Amend Position and                                                                              the limits so low as to discourage
                                                                                                      Change
                                              Exercise Limits for Options on the SPY                                                                         participation in the options market. The
                                              Exchange Traded Fund                                    1. Purpose                                             level of those position limits must be
                                                                                                                                                             balanced between curtailing potential
                                              June 12, 2018.                                             ISE Rule 412, entitled ‘‘Position                   manipulation and the cost of preventing
                                                 Pursuant to Section 19(b)(1) of the                  Limits’’ at Supplementary Material .01                 potential hedging activity that could be
                                              Securities Exchange Act of 1934                         and Rule 414, entitled ‘‘Exercise Limits’’             used for legitimate economic purposes.
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 at Supplementary Material .01 establish                   The SPY Pilot Program was
                                              notice is hereby given that on June 4,                  positions for aggregate positions in                   established in 2012 in order to eliminate
                                              2018, Nasdaq ISE, LLC (‘‘ISE’’ or                       option contracts traded on the                         position and exercise limits for
                                              ‘‘Exchange’’) filed with the Securities                 Exchange. The rule lists specific                      physically-settled SPY options.6 In
                                              and Exchange Commission                                 position and exercise limits for certain               2005, the position limits for SPY
                                              (‘‘Commission’’) the proposed rule                      select underlying securities. SPY is                   options were increased from 75,000
                                              change as described in Items I, II, and                 among the certain select underlying                    contracts to 300,000 contracts on the
                                              III below, which Items have been                        securities listed in each such Rule.                   same side of the market.7 In July 2011,
                                              prepared by the Exchange. The                           Currently, these Rules provide that there              the position limit for these options was
                                              Commission is publishing this notice to                 are no position limits and there are no                again increased from 300,000 contracts
                                              solicit comments on the proposed rule                   exercise limits on options overlying SPY               to 900,000 contracts on the same side of
                                              change from interested persons.                         pursuant to a pilot program, which is                  the market.8 Then, in 2012, the position
                                                                                                      scheduled to expire on July 12, 2018                   and exercise limits for SPY options were
                                              I. Self-Regulatory Organization’s                       (‘‘SPY Pilot Program’’).4                              eliminated as part of the SPY Pilot
                                              Statement of the Terms of Substance of                     The Exchange proposes to amend                      Program.9
                                              the Proposed Rule Change                                Rule 412 at Supplementary Material .01                    The underlying SPY tracks the
                                                 The Exchange proposes to amend                       and Rule 414 at Supplementary Material                 performance of the S&P 500 Index and
                                              Rule 412, entitled ‘‘Position Limits’’ at               .01 to allow the SPY Pilot Program to                  the Exchange notes that the SPY and
                                              Supplementary Material .01 and Rule                     terminate on July 12, 2018, the current                SPY options have deep, liquid markets
                                              414, entitled ‘‘Exercise Limits’’ at                    expiration date of the SPY Pilot                       that reduce concerns regarding
                                              Supplementary Material .01, to amend                    Program. In lieu of extending the SPY                  manipulation and disruption in the
                                              position and exercise limits for options                Pilot Program for another year, the                    underlying markets. In support of this
                                              on the SPDR® S&P 500® exchange-                         Exchange proposes to allow the SPY                     proposed rule change, the Exchange has
                                              traded fund (‘‘SPY ETF’’ or ‘‘SPY’’),3                  Pilot Program to terminate and to                      collected the following trading statistics
                                              which list and trade under the symbol                   establish position and exercise limits of              for SPY and SPY Options: (1) The
                                              ‘‘SPY.’’                                                1,800,000 contracts, for options on SPY,               average daily volume (‘‘ADV’’) to date
                                                 The text of the proposed rule change                 with such change becoming operative                    (as of May 15, 2018) for SPY is 108.32
                                              is available on the Exchange’s website at               on July 12, 2018, so that there is no                  million shares; (2) the ADV to date in
                                              http://ise.cchwallstreet.com/, at the                   lapse in time between termination of the               2018 for SPY options is 3.9 million
                                              principal office of the Exchange, and at                SPY Pilot Program and the                              contracts per day; (3) the total shares
                                              the Commission’s Public Reference                       establishment of the new limits.                       outstanding for SPY are 965.43 million;
                                              Room.                                                   Furthermore, as a result of the                        and (4) the fund market cap for SPY is
                                                                                                      termination of the SPY Pilot Program,                  261.65 billion. The Exchange represents
                                              II. Self-Regulatory Organization’s                                                                             further that there is tremendous
                                                                                                      the Exchange does not believe it is
                                              Statement of the Purpose of, and                                                                               liquidity in the securities that make up
                                                                                                      necessary to submit a SPY Pilot Program
                                              Statutory Basis for, the Proposed Rule                                                                         the S&P 500 Index.
                                                                                                      Report at the end of the SPY Pilot
                                              Change                                                                                                            Accordingly, the Exchange proposes
                                                                                                      Program. Based on the prior SPY Pilot
                                                In its filing with the Commission, the                Program Reports provided to the                        to amend Rule 412 at Supplementary
                                              Exchange included statements                            Commission,5 the Exchange believes it                  Material .01 and Rule 414 at
                                              concerning the purpose of and basis for                 is appropriate to terminate the SPY Pilot              Supplementary Material .01 to set forth
                                              the proposed rule change and discussed                  Program and that permanent position                    that the position and exercise limits for
                                              any comments it received on the                         and exercise limits should be                          options on SPY would be 1,800,000
                                              proposed rule change. The text of these                 established for SPY.                                   contracts on the same side of the
                                              statements may be examined at the                                                                              market. These position and exercise
                                                                                                         4 See Securities Exchange Act Release No. 68000
                                                1 15                                                                                                            6 See Securities Exchange Act Release No. 68000
                                                      U.S.C. 78s(b)(1).                               (October 5, 2012), 77 FR 62300 (October 12, 2012)
amozie on DSK3GDR082PROD with NOTICES1




                                                 2 17 CFR 240.19b–4.                                  (SR–ISE–2012–81); 70967 (December 3, 2013), 78         (October 5, 2012), 77 FR 62300 (October 12, 2012)
                                                 3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’       FR 73912 (December 9, 2013) (SR–ISE–2013–62);          (SR–ISE–2012–81).
                                                                                                                                                                7 See Securities Exchange Act Release No. 51042
                                              ‘‘S&P 500®,’’ and ‘‘Standard & Poor’s 500’’ are         74224 (February 6, 2015), 80 FR 7892 (February 12,
                                              registered trademarks of Standard & Poor’s              2015 (SR–ISE–2015–05); 75411 (July 9, 2015), 80 FR     (January 14, 2005), 70 FR 3412 (January 24, 2005)
                                              Financial Services LLC. The SPY ETF represents          41543 (July 15, 2015) (SR–ISE–2015–22); 78295          (SR–ISE–2005–05).
                                              ownership in the SPDR S&P 500 Trust, a unit             (July 12, 2016), 81 FR 46728 (July 18, 2016) (SR–         8 See Securities Exchange Act Release No. 64760

                                              investment trust that generally corresponds to the      ISE–2016–16); and 81094 (July 7, 2017), 82 FR          (June 28, 2011), 76 FR 39143 (July 5, 2011) (SR–
                                              price and yield performance of the SPDR S&P 500         32392 (July 13, 2017) (SR–ISE–2017–72).                ISE–2011–34).
                                              Index.                                                     5 Id.                                                  9 See note 4 above.




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                                              28294                          Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                              limits equal the current position and                   SPY Pilot Program),14 is not novel and                  proposed rule change is necessary to
                                              exercise limits for options on QQQQ,                    has been previously approved by the                     permit fair competition among the
                                              which the Commission previously                         Commission. For example, the                            options exchanges and to establish
                                              approved to be increased from 900,000                   Commission has previously approved a                    uniform position and exercise limits for
                                              contracts on the same side of the                       rule change permitting the Exchange to                  additional multiply listed option
                                              market, to 1,800,000 contracts on the                   double the position and exercise limits                 classes. Furthermore, the Exchange
                                              same side of the market.10 The Exchange                 for FXI, EEM, IWM, EFA, EWZ, TLT,                       believes that the other options
                                              also notes that SPY is more liquid than                 QQQQ, and EWJ.15 Furthermore, as                        exchanges will file similar proposals
                                              QQQQ.11 The Exchange believes that                      previously mentioned, the Commission                    with the Commission.
                                              establishing position and exercise limits               specifically approved a proposal by the
                                                                                                                                                              C. Self-Regulatory Organization’s
                                              for the SPY options in the amount of                    Exchange to increase the position and
                                                                                                                                                              Statement on Comments on the
                                              1,800,000 contracts on the same side of                 exercise limits for options on QQQQ
                                                                                                                                                              Proposed Rule Change Received From
                                              the market subject to this proposal                     from 900,000 contracts on the same side
                                                                                                                                                              Members, Participants, or Others
                                              would allow for the maintenance of the                  of the market to 1,800,000 contracts on
                                              liquid and competitive market                           the same side of the market; similar to                   No written comments were either
                                              environment for these options, which                    the current proposal for options on                     solicited or received.
                                              will benefit customers interested in                    SPY.16 The Exchange also notes that
                                              these products. Under the proposal, the                 SPY is more liquid than QQQQ.17                         III. Date of Effectiveness of the
                                              reporting requirement for the options                      Lastly, the Commission expressed the                 Proposed Rule Change and Timing for
                                              would be unchanged.                                     belief that implementing higher position                Commission Action
                                                                                                      and exercise limits may bring additional                   Because the foregoing proposed rule
                                              2. Statutory Basis                                      depth and liquidity without increasing                  change does not: (i) Significantly affect
                                                 The Exchange believes that its                       concerns regarding intermarket                          the protection of investors or the public
                                              proposal is consistent with Section 6(b)                manipulation or disruption of the                       interest; (ii) impose any significant
                                              of the Act,12 in general, and furthers the              options or the underlying securities.18                 burden on competition; and (iii) become
                                              objectives of Section 6(b)(5) of the Act,13             The Exchange’s existing surveillance                    operative for 30 days from the date on
                                              in particular, in that it is designed to                and reporting safeguards are designed to                which it was filed, or such shorter time
                                              promote just and equitable principles of                deter and detect possible manipulative                  as the Commission may designate, it has
                                              trade, to remove impediments to and                     behavior which might arise from                         become effective pursuant to Section
                                              perfect the mechanism of a free and                     increasing position and exercise limits                 19(b)(3)(A)(iii) of the Act 21 and
                                              open market and a national market                       (increased as compared to the 900,000                   subparagraph (f)(6) of Rule 19b–4
                                              system, and, in general to protect                      limit in place prior to the SPY Pilot                   thereunder.22
                                              investors and the public interest. The                  Program).19                                                At any time within 60 days of the
                                              Exchange believes that establishing                     B. Self-Regulatory Organization’s                       filing of the proposed rule change, the
                                              permanent position and exercise limits                  Statement on Burden on Competition                      Commission summarily may
                                              for SPY options subject to this proposal                                                                        temporarily suspend such rule change if
                                              will encourage Market Makers to                            The Exchange does not believe that
                                                                                                                                                              it appears to the Commission that such
                                              continue to provide sufficient liquidity                the proposed rule change will impose
                                                                                                                                                              action is: (i) Necessary or appropriate in
                                              in SPY options on the Exchange, which                   any burden on competition that is not
                                                                                                                                                              the public interest; (ii) for the protection
                                              will enhance the process of price                       necessary or appropriate in furtherance
                                                                                                                                                              of investors; or (iii) otherwise in
                                              discovery conducted on the Exchange.                    of the purposes of the Act. The
                                                                                                                                                              furtherance of the purposes of the Act.
                                              The proposal will also benefit                          Exchange believes the entire proposal is
                                                                                                                                                              If the Commission takes such action, the
                                              institutional investors as well as retail               consistent with Section (6)(b)(8) of the
                                                                                                                                                              Commission shall institute proceedings
                                              traders, and public customers, by                       Act 20 in that it does not impose any
                                                                                                                                                              to determine whether the proposed rule
                                              continuing to provide them with an                      burden on competition that is not
                                                                                                                                                              should be approved or disapproved.
                                              effective trading and hedging vehicle. In               necessary or appropriate in furtherance
                                              addition, the Exchange believes that the                of the purposes of the Act. On the                      IV. Solicitation of Comments
                                              structure of the SPY options subject to                 contrary, the Exchange believes the
                                                                                                      proposal promotes competition because                     Interested persons are invited to
                                              this proposal and the considerable                                                                              submit written data, views, and
                                              liquidity of the market for those options               it will enable the option exchanges to
                                                                                                      attract additional order flow from the                  arguments concerning the foregoing,
                                              diminishes the opportunity to                                                                                   including whether the proposed rule
                                              manipulate this product and disrupt the                 over-the-counter market, who in turn
                                                                                                      compete for those orders. The Exchange                  change is consistent with the Act.
                                              underlying market that a lower position                                                                         Comments may be submitted by any of
                                              limit may protect against.                              believes that the proposed rule change
                                                                                                      will result in continued opportunities to               the following methods:
                                                 Increased position limits for select                 achieve the investment and trading                      Electronic Comments
                                              actively traded options, such as that                   objectives of market participants seeking
                                              proposed herein (increased as compared                  efficient trading and hedging vehicles,                   • Use the Commission’s internet
                                              to the 900,000 limit in place prior to the              to the benefit of investors, market                     comment form (http://www.sec.gov/
                                                                                                      participants, and the marketplace in                    rules/sro.shtml); or
                                                10 See Securities Exchange Act Release No. 83156
                                                                                                      general. The Exchange believes this
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                                              (May 2, 2018), 83 FR 20875 (May 8, 2018) (SR–ISE–                                                                 21 15  U.S.C. 78s(b)(3)(A)(iii).
                                              2018–39).                                                 14 See                                                  22 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                11 From the beginning of the year, through May                 note 8.
                                                                                                        15 See note 10 above.                                 4(f)(6) requires a self-regulatory organization to give
                                              15, 2018, the ADV for SPY was 108.32 million                                                                    the Commission written notice of its intent to file
                                                                                                        16 Id.
                                              shares while the ADV for QQQQ was 46.64 million                                                                 the proposed rule change at least five business days
                                                                                                        17 See note 11 above.
                                              shares (calculated using data from Yahoo Finance                                                                prior to the date of filing of the proposed rule
                                              as of May 15, 2018).                                      18 See note 10 above.
                                                                                                                                                              change, or such shorter time as designated by the
                                                12 15 U.S.C. 78f(b).                                    19 See note 8 above
                                                                                                                                                              Commission. The Exchange has satisfied this
                                                13 15 U.S.C. 78f(b)(5).                                 20 15 U.S.C. 78(f)(b)(8).                             requirement.



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                                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                                   28295

                                                • Send an email to rule-comments@                         Commission, Office of FOIA Services,                 for 180 hours) + (Compliance Clerk at
                                              sec.gov. Please include File Number SR–                     100 F Street NE, Washington, DC                      $64 per hour for 301 hours) × (10
                                              ISE–2018–53 on the subject line.                            20549–2736.                                          registrants)) and the aggregate ongoing
                                              Paper Comments                                            Extension:                                             cost per year will be $55,440 to comply
                                                                                                          Exchange Act Rules 13n–1—13n–12; Form                with the rule.
                                                 • Send paper comments in triplicate                        SDR, SEC File No. 270–629, OMB
                                              to Brent J. Fields, Secretary, Securities                                                                           The Commission staff estimates that
                                                                                                            Control No. 3235–0719
                                              and Exchange Commission, 100 F Street                                                                            the average initial paperwork cost of
                                              NE, Washington, DC 20549–1090.                               Notice is hereby given that pursuant                filing a Form SDR to withdraw from
                                                                                                        to the Paperwork Reduction Act of 1995                 registration will be 12 hours per SDR
                                              All submissions should refer to File                      (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the
                                              Number SR–ISE–2018–53. This file                                                                                 with an estimated dollar cost of $4,008
                                                                                                        Securities and Exchange Commission                     to comply with the rule. The
                                              number should be included on the                          (‘‘Commission’’) has submitted to the
                                              subject line if email is used. To help the                                                                       Commission estimates that an SDR will
                                                                                                        Office of Management and Budget                        assign these responsibilities to a
                                              Commission process and review your                        (‘‘OMB’’) a request for approval of
                                              comments more efficiently, please use                                                                            Compliance Attorney, calculated as
                                                                                                        extension of the previously approved                   follows: (Compliance Attorney at $334
                                              only one method. The Commission will                      collection of information provided for in
                                              post all comments on the Commission’s                                                                            per hour for 12 hours) × (1 SDR
                                                                                                        Rules 13n–1 through 13n–12 (17 CFR
                                              internet website (http://www.sec.gov/                                                                            withdrawing) = $4,008.
                                                                                                        240.13n–1 through 240.13n–12) and
                                              rules/sro.shtml). Copies of the                           Form SDR (‘‘Rules’’), under the                          In addition, the Commission staff
                                              submission, all subsequent                                Securities Exchange Act of 1934 (15                    estimates that the average initial
                                              amendments, all written statements                        U.S.C. 78m(n)(3) et seq.).                             paperwork cost for each non-resident
                                              with respect to the proposed rule
                                                                                                           Under the Rules, security-based swap                SDR to comply with Rule 13n–1(f) will
                                              change that are filed with the
                                                                                                        data repositories (‘‘SDRs’’) are required              be 1 hour and $900 per SDR. Assuming
                                              Commission, and all written
                                                                                                        to register with the Commission by                     a maximum of three non-resident SDRs,
                                              communications relating to the
                                                                                                        filing a completed Form SDR (the filing                the aggregate one-time estimated dollar
                                              proposed rule change between the
                                                                                                        of a completed Form SDR also                           cost to comply with the rule will be
                                              Commission and any person, other than
                                                                                                        constitutes an application for                         $3,840, calculated as follows: ($900 for
                                              those that may be withheld from the
                                                                                                        registration as a securities information               outside legal services + (Attorney at
                                              public in accordance with the
                                                                                                        processor (‘‘SIP’’)). SDRs are also                    $380 per for 1 hour)) × (3 non-resident
                                              provisions of 5 U.S.C. 552, will be
                                                                                                        required to abide by certain minimum                   registrants). Finally, the Commission
                                              available for website viewing and
                                                                                                        standards set out in the Rules, including              believes that the costs of filing Form
                                              printing in the Commission’s Public
                                                                                                        a requirement to update Form SDR,                      SDR in a tagged data format beyond the
                                              Reference Room, 100 F Street NE,
                                                                                                        abide by certain duties and core                       costs of collecting the required
                                              Washington, DC 20549, on official
                                                                                                        principles, maintain data in accordance
                                              business days between the hours of                                                                               information will be minimal.
                                                                                                        with the rules, keep systems in
                                              10:00 a.m. and 3:00 p.m. Copies of the                                                                             An agency may not conduct or
                                                                                                        accordance with the Rules, keep
                                              filing also will be available for                                                                                sponsor, and a person is not required to
                                                                                                        records, provide reports to the
                                              inspection and copying at the principal                                                                          respond to, a collection of information
                                                                                                        Commission, maintain the privacy of
                                              office of the Exchange. All comments                                                                             under the PRA unless it displays a
                                                                                                        security-based swaps (‘‘SBSs’’) data,
                                              received will be posted without change.
                                                                                                        make certain disclosures, and designate                currently valid OMB control number.
                                              Persons submitting comments are
                                                                                                        a Chief Compliance Officer. In addition,                 The public may view background
                                              cautioned that we do not redact or edit
                                                                                                        there are a number of collections of                   documentation for this information
                                              personal identifying information from
                                                                                                        information contained in the Rules. The
                                              comment submissions. You should                                                                                  collection at the following website:
                                                                                                        information collected pursuant to the
                                              submit only information that you wish                                                                            www.reginfo.gov. Comments should be
                                                                                                        Rules is necessary to carry out the
                                              to make available publicly. All                                                                                  directed to: (i) Desk Officer for the
                                                                                                        mandates of the Dodd-Frank Act and
                                              submissions should refer to File                                                                                 Securities and Exchange Commission,
                                                                                                        help ensure an orderly and transparent
                                              Number SR–ISE–2018–53 and should be                                                                              Office of Information and Regulatory
                                                                                                        market for SBSs.
                                              submitted on or before July 9, 2018.                                                                             Affairs, Office of Management and
                                                                                                           The Commission staff estimates that it
                                                For the Commission, by the Division of                  will take an SDR approximately 481                     Budget, Room 10102, New Executive
                                              Trading and Markets, pursuant to delegated                hours to complete the initial Form SDR                 Office Building, Washington, DC 20503,
                                              authority.23                                                                                                     or by sending an email to: Shagufta_
                                                                                                        and any amendments thereto. This
                                              Eduardo A. Aleman,                                        burden is composed of a one-time                       Ahmed@omb.eop.gov; and (ii) Pamela
                                              Assistant Secretary.                                      reporting burden that reflects the                     Dyson, Director/Chief Information
                                              [FR Doc. 2018–12932 Filed 6–15–18; 8:45 am]               applicant’s staff time (i.e. internal labor            Officer, Securities and Exchange
                                              BILLING CODE 8011–01–P                                    costs) to prepare and submit the Form                  Commission, c/o Candace Kenner, 100 F
                                                                                                        to the Commission and includes the                     Street NE, Washington, DC 20549, or by
                                                                                                        burden of responding to additional                     sending an email to: PRA_Mailbox@
                                              SECURITIES AND EXCHANGE                                   provisions incorporated from Form SIP                  sec.gov. Comments must be submitted to
                                              COMMISSION                                                and finally includes responding to the                 OMB within 30 days of this notice.
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                                                                                                        revised disclosure of business
                                              Submission for OMB Review;                                                                                         Dated: June 13, 2018.
                                                                                                        affiliations burden. Assuming a
                                              Comment Request                                                                                                  Eduardo A. Aleman,
                                                                                                        maximum of ten SDRs, the aggregate
                                              Upon Written Request, Copies Available                    one-time estimated dollar cost to                      Assistant Secretary.
                                               From: Securities and Exchange                            complete Form SDR and any                              [FR Doc. 2018–12982 Filed 6–15–18; 8:45 am]
                                                                                                        amendments thereto will be $793,840                    BILLING CODE 8011–01–P
                                                23 17   CFR 200.30–3(a)(12).                            ((Compliance Attorney at $334 per hour


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Document Created: 2018-06-18 15:50:07
Document Modified: 2018-06-18 15:50:07
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 28293 

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