83_FR_28413 83 FR 28296 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend IM-3120-2 of BOX Rule 3120 (Position Limits) To Amend the Position and Exercise Limits for Options on the Standard and Poor's Depositary Receipts Trust (“SPY”)

83 FR 28296 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend IM-3120-2 of BOX Rule 3120 (Position Limits) To Amend the Position and Exercise Limits for Options on the Standard and Poor's Depositary Receipts Trust (“SPY”)

SECURITIES AND EXCHANGE COMMISSION

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

Page Range28296-28298
FR Document2018-12930

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28296-28298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12930]



[[Page 28296]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83414; File No. SR-BOX-2018-22]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend IM-3120-2 of BOX Rule 3120 (Position Limits) To Amend the 
Position and Exercise Limits for Options on the Standard and Poor's 
Depositary Receipts Trust (``SPY'')

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 6, 2018, BOX Options Exchange LLC (the ``Exchange'') 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\ 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 IM-3120-2 of BOX Rule 3120 (Position 
Limits) to amend the position and exercise limits for options on the 
Standard and Poor's Depositary Receipts Trust (``SPY''). The text of 
the proposed rule change is available from the principal office of the 
Exchange, at the Commission's Public Reference Room and also on the 
Exchange's internet website at http://boxoptions.com.

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 these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
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
    BOX Rule 3120 (Position Limits) establishes position limits for 
aggregate positions in option contracts traded on the Exchange. IM-
3120-2 to BOX Rule 3120 lists specific position limits for certain 
select underlying securities.\3\ SPY is among the certain select 
underlying securities listed in such Rule. Currently, this Rule 
provides 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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    \3\ The Exchange notes that IM-3140-1 to BOX Rule 3140 (Exercise 
Limits) states that exercise limits established under Rule 3140 
shall be equivalent to the position limits prescribed for such 
options in IM-3120-2.
    \4\ See Securities Exchange Act Release Nos. 67936 (September 
27, 2012), 77 FR 60491 (October 3, 2012) (SR-BOX-2012-013) (adoption 
of the SPY Pilot Program), 81092 (July 7, 2017), 82 FR 32402 (July 
13, 2017) (SR-BOX-2017-22) (extending the SPY Pilot Program to July 
12, 2018).
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    The Exchange proposes to amend IM-3120-2 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 limits for SPY options were 
eliminated as part of the SPY Pilot Program.\9\
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    \6\ See Securities Exchange Act Release Nos. 67672 (August 15, 
2012), 77 FR 50750 (August 22, 2012) (SR-NYSEAmex-2012-29); 67937 
(September 27, 2012), 77 FR 60489 (October 3, 2012) (SR-CBOE-2012-
091).
    \7\ See Securities Exchange Act Release No. 51041 (January 14, 
2005), 70 FR 3408 (January 24, 2005) (SR-CBOE-2005-06).
    \8\ See Securities Exchange Act Release No. 64928 (July 20, 
2011), 76 FR 44633 (July 26, 2011) (SR-CBOE-2011-065).
    \9\ See supra note 6.
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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 its proposed rule change, Miami 
International Securities Exchange LLC (``MIAX'') 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.\10\ The Exchange, based on MIAX's compiled trading statistics, 
represents further that there is tremendous liquidity in the securities 
that make up the S&P 500 Index.
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    \10\ See Securities Exchange Act Release No. 83349 (May 30, 
2018), 83 FR 26123 (June 5, 2018) (SR-MIAX-2018-11).
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    Accordingly, the Exchange proposes to amend IM-3120-2 to Rule 3120 
to set forth that the position and exercise limits for options on SPY 
would be 1,800,000 contracts on the same side of the market. These 
position and exercise limits equal the current position and exercise 
limits for options on 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

[[Page 28297]]

same side of the market.\11\ The Exchange also notes that SPY is more 
liquid than QQQQ.\12\ 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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    \11\ See Securities Exchange Act Release No. 82930 (March 22, 
2018), 83 FR 13330 (March 28, 2018) (SR-BOX-2018-10); 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 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 the proposal is consistent with the 
requirements of Section 6(b) of the Act.\13\ Specifically, the proposal 
is consistent with Section 6(b)(5) of the Act \14\ because it is 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to, and perfect the mechanism of, a 
free and open market and a national market system and, in general, to 
protect investors and the public interest. The Exchange believes that 
establishing permanent position and exercise limits for SPY options 
subject to this proposal will encourage Market Makers to continue to 
provide sufficient liquidity in SPY options on the Exchange, which will 
enhance the process of price discovery conducted on the Exchange. The 
proposal will also benefit institutional investors as well as retail 
traders, and public customers, by continuing to provide them with an 
effective trading and hedging vehicle. In addition, the Exchange 
believes that the structure of the SPY options subject to this proposal 
and the considerable liquidity of the market for those options 
diminishes the opportunity to manipulate this product and disrupt the 
underlying market that a lower position limit may protect against.
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    \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 FXI, EEM, IWM, EFA, EWZ, TLT, QQQQ, 
and EWJ.\16\ 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.\17\ 
The Exchange also notes that SPY is more liquid than QQQQ.\18\
---------------------------------------------------------------------------

    \15\ See supra note 8.
    \16\ See supra note 10.
    \17\ Id.
    \18\ See supra note 11.
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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 and exercise 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 10.
    \20\ See supra note 8.
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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 \21\ 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. BOX 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.
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    \21\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on 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 \22\ and Rule 19b-4(f)(6) 
\23\ thereunder.
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BOX-2018-22 on the subject line.

[[Page 28298]]

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-BOX-2018-22. 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-BOX-2018-22 and should be submitted on 
or before July 9, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12930 Filed 6-15-18; 8:45 am]
BILLING CODE 8011-01-P



                                              28296                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                              SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                       level of those position limits must be
                                              COMMISSION                                                 Statement of the Purpose of, and                        balanced between curtailing potential
                                                                                                         Statutory Basis for, the Proposed Rule                  manipulation and the cost of preventing
                                              [Release No. 34–83414; File No. SR–BOX–
                                                                                                         Change                                                  potential hedging activity that could be
                                                                                                                                                                 used for legitimate economic purposes.
                                              2018–22]                                                   1. Purpose                                                 The SPY Pilot Program was
                                                                                                            BOX Rule 3120 (Position Limits)                      established in 2012 in order to eliminate
                                              Self-Regulatory Organizations; BOX
                                                                                                         establishes position limits for aggregate               position and exercise limits for
                                              Options Exchange LLC; Notice of
                                                                                                         positions in option contracts traded on                 physically-settled SPY options.6 In
                                              Filing and Immediate Effectiveness of                      the Exchange. IM–3120–2 to BOX Rule                     2005, the position limits for SPY
                                              a Proposed Rule Change To Amend                            3120 lists specific position limits for                 options were increased from 75,000
                                              IM–3120–2 of BOX Rule 3120 (Position                       certain select underlying securities.3                  contracts to 300,000 contracts on the
                                              Limits) To Amend the Position and                          SPY is among the certain select                         same side of the market.7 In July 2011,
                                              Exercise Limits for Options on the                         underlying securities listed in such                    the position limit for these options was
                                              Standard and Poor’s Depositary                             Rule. Currently, this Rule provides that                again increased from 300,000 contracts
                                              Receipts Trust (‘‘SPY’’)                                   there are no position limits and there                  to 900,000 contracts on the same side of
                                                                                                         are no exercise limits on options                       the market.8 Then, in 2012, the position
                                              June 12, 2018.
                                                                                                         overlying SPY pursuant to a pilot                       limits for SPY options were eliminated
                                                 Pursuant to Section 19(b)(1) of the                     program, which is scheduled to expire                   as part of the SPY Pilot Program.9
                                              Securities Exchange Act of 1934                            on July 12, 2018 (‘‘SPY Pilot                              The underlying SPY tracks the
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    Program’’).4                                            performance of the S&P 500 Index and
                                              notice is hereby given that on June 6,                        The Exchange proposes to amend IM–                   the Exchange notes that the SPY and
                                              2018, BOX Options Exchange LLC (the                        3120–2 to allow the SPY Pilot Program                   SPY options have deep, liquid markets
                                              ‘‘Exchange’’) filed with the Securities                    to terminate on July 12, 2018, the                      that reduce concerns regarding
                                              and Exchange Commission                                    current expiration date of the SPY Pilot                manipulation and disruption in the
                                              (‘‘Commission’’) the proposed rule                         Program. In lieu of extending the SPY                   underlying markets. In support of its
                                              change as described in Items I and II                      Pilot Program for another year, the                     proposed rule change, Miami
                                              below, which Items have been prepared                      Exchange proposes to allow the SPY                      International Securities Exchange LLC
                                              by the self-regulatory organization. The                   Pilot Program to terminate and to                       (‘‘MIAX’’) has collected the following
                                              Commission is publishing this notice to                    establish position and exercise limits of               trading statistics for SPY and SPY
                                                                                                         1,800,000 contracts, for options on SPY,                Options: (1) The average daily volume
                                              solicit comments on the proposed rule
                                                                                                         with such change becoming operative                     (‘‘ADV’’) to date (as of May 15, 2018) for
                                              change from interested persons.
                                                                                                         on July 12, 2018, so that there is no                   SPY is 108.32 million shares; (2) the
                                              I. Self-Regulatory Organization’s                          lapse in time between termination of the                ADV to date in 2018 for SPY options is
                                              Statement of the Terms of Substance of                     SPY Pilot Program and the                               3.9 million contracts per day; (3) the
                                              the Proposed Rule Change                                   establishment of the new limits.                        total shares outstanding for SPY are
                                                                                                         Furthermore, as a result of the                         965.43 million; and (4) the fund market
                                                The Exchange proposes to amend IM–                       termination of the SPY Pilot Program,                   cap for SPY is 261.65 billion.10 The
                                              3120–2 of BOX Rule 3120 (Position                          the Exchange does not believe it is                     Exchange, based on MIAX’s compiled
                                              Limits) to amend the position and                          necessary to submit a SPY Pilot Program                 trading statistics, represents further that
                                              exercise limits for options on the                         Report at the end of the SPY Pilot                      there is tremendous liquidity in the
                                              Standard and Poor’s Depositary Receipts                    Program. Based on the prior SPY Pilot                   securities that make up the S&P 500
                                              Trust (‘‘SPY’’). The text of the proposed                  Program Reports provided to the                         Index.
                                              rule change is available from the                          Commission,5 the Exchange believes it                      Accordingly, the Exchange proposes
                                              principal office of the Exchange, at the                   is appropriate to terminate the SPY Pilot               to amend IM–3120–2 to Rule 3120 to set
                                              Commission’s Public Reference Room                         Program and that permanent position                     forth that the position and exercise
                                              and also on the Exchange’s internet                        and exercise limits should be                           limits for options on SPY would be
                                              website at http://boxoptions.com.                          established for SPY.                                    1,800,000 contracts on the same side of
                                                                                                            Position limits are designed to                      the market. These position and exercise
                                              II. Self-Regulatory Organization’s                         address potential manipulative schemes                  limits equal the current position and
                                              Statement of the Purpose of, and                           and adverse market impact surrounding                   exercise limits for options on QQQQ,
                                              Statutory Basis for, the Proposed Rule                     the use of options, such as disrupting                  which the Commission previously
                                              Change                                                     the market in the security underlying                   approved to be increased from 900,000
                                                                                                         the options. The potential manipulative                 contracts on the same side of the
                                                In its filing with the Commission, the                   schemes and adverse market impact are
                                              self-regulatory organization included                                                                              market, to 1,800,000 contracts on the
                                                                                                         balanced against the potential of setting
                                              statements concerning the purpose of,                      the limits so low as to discourage                         6 See Securities Exchange Act Release Nos. 67672
                                              and basis for, the proposed rule change                    participation in the options market. The                (August 15, 2012), 77 FR 50750 (August 22, 2012)
                                              and discussed any comments it received                                                                             (SR–NYSEAmex–2012–29); 67937 (September 27,
                                              on the proposed rule change. The text                         3 The Exchange notes that IM–3140–1 to BOX           2012), 77 FR 60489 (October 3, 2012) (SR–CBOE–
                                              of these statements may be examined at                     Rule 3140 (Exercise Limits) states that exercise        2012–091).
                                                                                                                                                                    7 See Securities Exchange Act Release No. 51041
                                              the places specified in Item IV below.                     limits established under Rule 3140 shall be
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         equivalent to the position limits prescribed for such   (January 14, 2005), 70 FR 3408 (January 24, 2005)
                                              The self-regulatory organization has                       options in IM–3120–2.                                   (SR–CBOE–2005–06).
                                              prepared summaries, set forth in                              4 See Securities Exchange Act Release Nos. 67936        8 See Securities Exchange Act Release No. 64928

                                              Sections A, B, and C below, of the most                    (September 27, 2012), 77 FR 60491 (October 3,           (July 20, 2011), 76 FR 44633 (July 26, 2011) (SR–
                                                                                                         2012) (SR–BOX–2012–013) (adoption of the SPY            CBOE–2011–065).
                                              significant aspects of such statements.
                                                                                                         Pilot Program), 81092 (July 7, 2017), 82 FR 32402          9 See supra note 6.

                                                                                                         (July 13, 2017) (SR–BOX–2017–22) (extending the            10 See Securities Exchange Act Release No. 83349
                                                1 15   U.S.C. 78s(b)(1).                                 SPY Pilot Program to July 12, 2018).                    (May 30, 2018), 83 FR 26123 (June 5, 2018) (SR–
                                                2 17   CFR 240.19b–4.                                       5 Id.                                                MIAX–2018–11).



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                                                                             Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices                                                        28297

                                              same side of the market.11 The Exchange                 SPY Pilot Program),15 is not novel and                 rule change is necessary to permit fair
                                              also notes that SPY is more liquid than                 has been previously approved by the                    competition among the options
                                              QQQQ.12 The Exchange believes that                      Commission. For example, the                           exchanges and to establish uniform
                                              establishing position and exercise limits               Commission has previously approved a                   position limits for additional multiply
                                              for the SPY options in the amount of                    rule change permitting the Exchange to                 listed option classes.
                                              1,800,000 contracts on the same side of                 double the position and exercise limits
                                                                                                                                                             C. Self-Regulatory Organization’s
                                              the market subject to this proposal                     for FXI, EEM, IWM, EFA, EWZ, TLT,
                                                                                                                                                             Statement on Comments on the
                                              would allow for the maintenance of the                  QQQQ, and EWJ.16 Furthermore, as
                                                                                                                                                             Proposed Rule Change Received From
                                              liquid and competitive market                           previously mentioned, the Commission
                                                                                                                                                             Members, Participants, or Others
                                              environment for these options, which                    specifically approved a proposal by the
                                              will benefit customers interested in                    Exchange to increase the position and                    The Exchange has neither solicited
                                              these products. Under the proposal, the                 exercise limits for options on QQQQ                    nor received comments on the proposed
                                              reporting requirement for the options                   from 900,000 contracts on the same side                rule change.
                                              would be unchanged.                                     of the market to 1,800,000 contracts on
                                                                                                      the same side of the market; similar to                III. Date of Effectiveness of the
                                              2. Statutory Basis                                                                                             Proposed Rule Change and Timing for
                                                                                                      the current proposal for options on
                                                 The Exchange believes that the                       SPY.17 The Exchange also notes that                    Commission Action
                                              proposal is consistent with the                         SPY is more liquid than QQQQ.18
                                                                                                                                                                Because the foregoing proposed rule
                                              requirements of Section 6(b) of the                        Lastly, the Commission expressed the
                                                                                                                                                             change does not: (i) Significantly affect
                                              Act.13 Specifically, the proposal is                    belief that implementing higher position
                                                                                                                                                             the protection of investors or the public
                                              consistent with Section 6(b)(5) of the                  and exercise limits may bring additional
                                                                                                                                                             interest; (ii) impose any significant
                                              Act 14 because it is designed to prevent                depth and liquidity without increasing
                                                                                                                                                             burden on competition; and (iii) become
                                              fraudulent and manipulative acts and                    concerns regarding intermarket
                                                                                                                                                             operative for 30 days after the date of
                                              practices, to promote just and equitable                manipulation or disruption of the
                                                                                                                                                             the filing, or such shorter time as the
                                              principles of trade, to foster cooperation              options or the underlying securities.19
                                                                                                                                                             Commission may designate, it has
                                              and coordination with persons engaged                   The Exchange’s existing surveillance
                                                                                                                                                             become effective pursuant to Section
                                              in facilitating transactions in securities,             and reporting safeguards are designed to
                                                                                                                                                             19(b)(3)(A) of the Act 22 and Rule 19b–
                                              to remove impediments to, and perfect                   deter and detect possible manipulative
                                                                                                                                                             4(f)(6) 23 thereunder.
                                              the mechanism of, a free and open                       behavior which might arise from
                                              market and a national market system                     increasing position and exercise limits                   At any time within 60 days of the
                                              and, in general, to protect investors and               (increased as compared to the 900,000                  filing of the proposed rule change, the
                                              the public interest. The Exchange                       limit in place prior to the SPY Pilot                  Commission summarily may
                                              believes that establishing permanent                    Program).20                                            temporarily suspend such rule change if
                                              position and exercise limits for SPY                                                                           it appears to the Commission that such
                                              options subject to this proposal will                   B. Self-Regulatory Organization’s                      action is necessary or appropriate in the
                                              encourage Market Makers to continue to                  Statement on Burden on Competition                     public interest, for the protection of
                                              provide sufficient liquidity in SPY                        The Exchange does not believe that                  investors, or otherwise in furtherance of
                                              options on the Exchange, which will                     the proposed rule change will impose                   the purposes of the Act. If the
                                              enhance the process of price discovery                  any burden on competition that is not                  Commission takes such action, the
                                              conducted on the Exchange. The                          necessary or appropriate in furtherance                Commission shall institute proceedings
                                              proposal will also benefit institutional                of the purposes of the Act. The                        to determine whether the proposed rule
                                              investors as well as retail traders, and                Exchange believes the entire proposal is               should be approved or disapproved.
                                              public customers, by continuing to                      consistent with Section (6)(b)(8) of the               IV. Solicitation of Comments
                                              provide them with an effective trading                  Act 21 in that it does not impose any
                                              and hedging vehicle. In addition, the                   burden on competition that is not                        Interested persons are invited to
                                              Exchange believes that the structure of                 necessary or appropriate in furtherance                submit written data, views, and
                                              the SPY options subject to this proposal                of the purposes of the Act. On the                     arguments concerning the foregoing,
                                              and the considerable liquidity of the                   contrary, the Exchange believes the                    including whether the proposed rule
                                              market for those options diminishes the                 proposal promotes competition because                  change is consistent with the Act.
                                              opportunity to manipulate this product                  it will enable the option exchanges to                 Comments may be submitted by any of
                                              and disrupt the underlying market that                  attract additional order flow from the                 the following methods:
                                              a lower position limit may protect                      over-the-counter market, who in turn
                                              against.                                                compete for those orders. The Exchange                 Electronic Comments
                                                 Increased position limits for select                 believes that the proposed rule change                   • Use the Commission’s internet
                                              actively traded options, such as that                   will result in continued opportunities to              comment form (http://www.sec.gov/
                                              proposed herein (increased as compared                  achieve the investment and trading                     rules/sro.shtml); or
                                              to the 900,000 limit in place prior to the              objectives of market participants seeking
                                                                                                      efficient trading and hedging vehicles,                  • Send an email to rule-comments@
                                                11 See Securities Exchange Act Release No. 82930      to the benefit of investors, market                    sec.gov. Please include File Number SR–
                                              (March 22, 2018), 83 FR 13330 (March 28, 2018)          participants, and the marketplace in                   BOX–2018–22 on the subject line.
                                              (SR–BOX–2018–10); see also Securities Exchange          general. BOX believes this proposed
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                                              Act Release No. 82770 (February 23, 2018), 83 FR                                                                 22 15  U.S.C. 78s(b)(3)(A).
                                              8907 (March 1, 2018) (SR–CBOE–2017–057).                  15 See                                                 23 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                12 From the beginning of the year, through May                 supra note 8.
                                                                                                        16 See supra note 10.                                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
                                                                                                        17 Id.
                                              shares while the ADV for QQQQ was 46.64 million                                                                the proposed rule change at least five business days
                                                                                                        18 See supra note 11.
                                              shares (calculated using data from Yahoo Finance                                                               prior to the date of filing of the proposed rule
                                              as of May 15, 2018).                                      19 See supra note 10.
                                                                                                                                                             change, or such shorter time as designated by the
                                                13 15 U.S.C. 78f(b).                                    20 See supra note 8.
                                                                                                                                                             Commission. The Exchange has satisfied this
                                                14 15 U.S.C. 78f(b)(5).                                 21 15 U.S.C. 78f(b)(8).                              requirement.



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                                              28298                            Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices

                                              Paper Comments                                            SECURITIES AND EXCHANGE                                   A. Self-Regulatory Organization’s
                                                                                                        COMMISSION                                                Statement of the Purpose of, and
                                                • Send paper comments in triplicate                                                                               Statutory Basis for, the Proposed Rule
                                              to Brent J. Fields, Secretary, Securities                                                                           Change
                                                                                                        [Release No. 34–83412; File No. SR–Phlx–
                                              and Exchange Commission, 100 F Street                     2018–44]
                                              NE, Washington, DC 20549–1090.                                                                                      1. Purpose
                                                                                                        Self-Regulatory Organizations; Nasdaq                        Phlx Rule 1001, entitled ‘‘Position
                                              All submissions should refer to File                                                                                Limits’’ establishes position for
                                              Number SR–BOX–2018–22. This file                          PHLX LLC; Notice of Filing and
                                                                                                        Immediate Effectiveness of Proposed                       aggregate positions in option contracts
                                              number should be included on the                                                                                    traded on the Exchange. The rule lists
                                                                                                        Rule Change To Amend Rule 1001,
                                              subject line if email is used. To help the                                                                          specific position limits for certain select
                                                                                                        Entitled ‘‘Position Limits’’
                                              Commission process and review your                                                                                  underlying securities.4 SPY is among
                                              comments more efficiently, please use                     June 12, 2018.                                            the certain select underlying securities
                                              only one method. The Commission will                         Pursuant to Section 19(b)(1) of the                    listed in each such Rule. Currently,
                                              post all comments on the Commission’s                     Securities Exchange Act of 1934                           these Rules provide that there are no
                                              internet website (http://www.sec.gov/                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                   position limits and there are no exercise
                                              rules/sro.shtml). Copies of the                           notice is hereby given that on June 4,                    limits on options overlying SPY
                                              submission, all subsequent                                2018, Nasdaq PHLX LLC (‘‘Phlx’’ or                        pursuant to a pilot program, which is
                                              amendments, all written statements                        ‘‘Exchange’’) filed with the Securities                   scheduled to expire on July 12, 2018
                                              with respect to the proposed rule                         and Exchange Commission                                   (‘‘SPY Pilot Program’’).5
                                              change that are filed with the                            (‘‘Commission’’) the proposed rule                           The Exchange proposes to amend
                                              Commission, and all written                               change as described in Items I, II, and                   Rule 1001 to allow the SPY Pilot
                                              communications relating to the                            III below, which Items have been                          Program to terminate on July 12, 2018,
                                                                                                        prepared by the Exchange. The                             the current expiration date of the SPY
                                              proposed rule change between the
                                                                                                        Commission is publishing this notice to                   Pilot Program. In lieu of extending the
                                              Commission and any person, other than
                                                                                                        solicit comments on the proposed rule                     SPY Pilot Program for another year, the
                                              those that may be withheld from the
                                                                                                        change from interested persons.                           Exchange proposes to allow the SPY
                                              public in accordance with the                                                                                       Pilot Program to terminate and to
                                              provisions of 5 U.S.C. 552, will be                       I. Self-Regulatory Organization’s                         establish position and exercise limits of
                                              available for website viewing and                         Statement of the Terms of Substance of                    1,800,000 contracts, for options on SPY,
                                              printing in the Commission’s Public                       the Proposed Rule Change                                  with such change becoming operative
                                              Reference Room, 100 F Street NE,                             The Exchange proposes to amend                         on July 12, 2018, so that there is no
                                              Washington, DC 20549, on official                         Rule 1001, entitled ‘‘Position Limits’’, to               lapse in time between termination of the
                                              business days between the hours of                        amend position limits for options on the                  SPY Pilot Program and the
                                              10:00 a.m. and 3:00 p.m. Copies of the                    SPDR® S&P 500® exchange-traded fund                       establishment of the new limits.
                                              filing also will be available for                         (‘‘SPY ETF’’ or ‘‘SPY’’),3 which list and                 Furthermore, as a result of the
                                              inspection and copying at the principal                   trade under the symbol ‘‘SPY.’’                           termination of the SPY Pilot Program,
                                              office of the Exchange. All comments                         The text of the proposed rule change                   the Exchange does not believe it is
                                              received will be posted without change.                   is available on the Exchange’s website at                 necessary to submit a SPY Pilot Program
                                              Persons submitting comments are                           http://nasdaqphlx.cchwallstreet.com/,                     Report at the end of the SPY Pilot
                                              cautioned that we do not redact or edit                   at the principal office of the Exchange,                  Program. Based on the prior SPY Pilot
                                              personal identifying information from                     and at the Commission’s Public
                                              comment submissions. You should                           Reference Room.                                              4 Rule 1002, entitled ‘‘Exercise Limits’’ notes that

                                                                                                                                                                  ‘‘except as set forth in subparagraph (c) herein, no
                                              submit only information that you wish                     II. Self-Regulatory Organization’s                        member or member organization shall exercise, for
                                              to make available publicly. All                           Statement of the Purpose of, and                          any account in which such member or member
                                              submissions should refer to File                                                                                    organization has an interest or for the account of
                                                                                                        Statutory Basis for, the Proposed Rule                    any partner, officer, director or employee thereof or
                                              Number SR–BOX–2018–22 and should                          Change                                                    for the account of any customer, a long position in
                                              be submitted on or before July 9, 2018.                                                                             any option contract of a class of options dealt in on
                                                                                                          In its filing with the Commission, the                  the Exchange (or, respecting an option not dealt in
                                                For the Commission, by the Division of                  Exchange included statements                              on the Exchange, another exchange if the member
                                              Trading and Markets, pursuant to delegated                concerning the purpose of and basis for                   or member organization is not a member of that
                                              authority.24                                              the proposed rule change and discussed                    exchange) if as a result thereof such member or
                                                                                                                                                                  member organization, or partner, officer, director or
                                              Eduardo A. Aleman,                                        any comments it received on the                           employee thereof or customer, acting alone or in
                                              Assistant Secretary.                                      proposed rule change. The text of these                   concert with others, directly or indirectly, has or
                                              [FR Doc. 2018–12930 Filed 6–15–18; 8:45 am]               statements may be examined at the                         will have exercised within any five (5) consecutive
                                                                                                        places specified in Item IV below. The                    business days aggregate long positions in that class
                                              BILLING CODE 8011–01–P                                                                                              (put or call) as set forth as the position limit in Rule
                                                                                                        Exchange has prepared summaries, set                      1001, in the case of options on a stock or on an
                                                                                                        forth in sections A, B, and C below, of                   Exchange-Traded Fund Share, on a foreign
                                                                                                        the most significant aspects of such                      currency, or stock index warrants; without regard
                                                                                                        statements.                                               to the exchange on which the options were
                                                                                                                                                                  purchased.’’
                                                                                                                                                                     5 See Securities Exchange Act Release No. 67999
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                                                                                                          1 15  U.S.C. 78s(b)(1).                                 (October 5, 2012), 77 FR 62295 (October 12, 2012)
                                                                                                          2 17  CFR 240.19b–4.                                    (SR–Phlx–2012–122); 70879 (November 14, 2013),
                                                                                                           3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’ ‘‘S&P   78FR 69731 (November 20, 2013) (SR–PHLX–2013–
                                                                                                        500®,’’ and ‘‘Standard & Poor’s 500’’ are registered      108); 74099 (January 20, 2015), 80 FR 4021 (January
                                                                                                        trademarks of Standard & Poor’s Financial Services        26, 2015) (SR–Phlx–2015–07); 75414 (July 9, 2015),
                                                                                                        LLC. The SPY ETF represents ownership in the              80 FR 41538 (July 15, 2015) (SR–Phlx–2015–60);
                                                                                                        SPDR S&P 500 Trust, a unit investment trust that          78124 (June 22, 2016), 81 FR 42008 (June 28, 2016)
                                                                                                        generally corresponds to the price and yield              (SR–Phlx–2016–68); and 81091 (July 7, 2017), 82 FR
                                                24 17   CFR 200.30–3(a)(12).                            performance of the SPDR S&P 500 Index.                    32404 (July 13, 2017) (SR–Phlx–2017–52).



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Document Created: 2018-06-18 15:50:57
Document Modified: 2018-06-18 15:50:57
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 28296 

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