83_FR_28599 83 FR 28481 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Position Limits and Exercise Limits for Options on the SPDR Exchange-Traded Fund

83 FR 28481 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Position Limits and Exercise Limits for Options on the SPDR Exchange-Traded Fund

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28481-28483
FR Document2018-13082

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28481-28483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13082]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83423; File No. SR-BX-2018-022]


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

June 13, 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 12, 2018, Nasdaq BX, Inc. (``BX'' 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 BX Rules at Supplementary Material 
to Chapter III, Section 7, entitled ``Position Limits,'' and Section 9, 
entitled ``Exercise Limits,'' to amend position limits 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://nasdaqbx.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

[[Page 28482]]

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
    BX Rules at Supplementary Material to Chapter III, Section 7, 
entitled ``Position Limits'' and Section 9, entitled ``Exercise 
Limits'' indicate the manner in which positions for aggregate positions 
in option contracts are treated on the Exchange. 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. 69179 (March 19, 
2013), 78 FR 17952 (March 25, 2013) (SR-BX-2013-024); 72143 (May 9, 
2014), 79 FR 27963 (May 15, 2014) (SR-BX-2014-025); 75412 (July 9, 
2015), 80 FR 41517 (July 15, 2015) (SR-BX-2015-039); 78125 (June 22, 
2016), 81 FR 42009 (June 28, 2016) (SR-BX-2016-030); and 81093 (July 
7, 2017), 82 FR 32415 (July 13, 2017) (SR-BX-2017-030).
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    The Exchange proposes to amend Chapter III, Sections 7 and 9 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 2013 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 No. 69179 (March 19, 
2013), 78 FR 17952 (March 25, 2013) (SR-BX-2013-024).
    \7\ See Securities Exchange Act Release No. 51041 (January 14, 
2005), 70 FR 3408 (January 24, 2005) (SR-CBOE-2005-06). At this time 
BX was not in existence.
    \8\ See Securities Exchange Act Release No. 64928 (July 20, 
2011), 76 FR 44633 (July 26, 2011) (SR-CBOE-2011-065). At this time 
BX was not in existence.
    \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 Chapter III, Sections 7 
and 9 to set forth that the position and exercise limits for options on 
SPY would be 1,800,000 contracts on the same side of the market. These 
position and exercise limits equal the current position and exercise 
limits for options on QQQ, which the Commission previously approved to 
be increased from 900,000 contracts on the same side of the market, to 
1,800,000 contracts on the same side of the market.\10\ The Exchange 
also notes that SPY is more liquid than QQQ.\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. 82770 (February 23, 
2018), 83 FR 8907 (March 1, 2018) (SR-CBOE-2017-057). BX's current 
rule is based on Cboe Exchange, Inc.'s rule.
    \11\ From the beginning of the year, through May 15, 2018, the 
ADV for SPY was 108.32 million shares while the ADV for QQQ was 
46.64 million shares (calculated using data from Yahoo Finance as of 
May 15, 2018).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with 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,

[[Page 28483]]

QQQ, 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 QQQ from 900,000 contracts 
on the same side of the market to 1,800,000 contracts on the same side 
of the market; similar to the current proposal for options on SPY.\16\ 
The Exchange also notes that SPY is more liquid than QQQ.\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 limits for additional multiply listed 
option classes. Furthermore, the Exchange believes that the other 
options exchanges will file similar proposals with the Commission.
---------------------------------------------------------------------------

    \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
     Send an email to [email protected]. Please include 
File Number SR-BX-2018-022 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-BX-2018-022. 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-BX-2018-022 and should be submitted on 
or before July 10, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13082 Filed 6-18-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices                                                     28481

                                               response, and because market                            Paper Comments                                          SECURITIES AND EXCHANGE
                                               participants may readily adjust their                                                                           COMMISSION
                                               order routing practices, the Exchange                     • Send paper comments in triplicate
                                               believes that the degree to which fee                   to Brent J. Fields, Secretary, Securities               [Release No. 34–83423; File No. SR–BX–
                                               changes in this market may impose any                   and Exchange Commission, 100 F Street                   2018–022]
                                               burden on competition is extremely                      NE, Washington, DC 20549–1090.
                                                                                                                                                               Self-Regulatory Organizations; Nasdaq
                                               limited. As a result of all of these                    All submissions should refer to File                    BX, Inc.; Notice of Filing and
                                               considerations, the Exchange does not                   Number SR–NYSE–2018–27. This file                       Immediate Effectiveness of Proposed
                                               believe that the proposed changes will                  number should be included on the                        Rule Change To Amend Position
                                               impair the ability of member                                                                                    Limits and Exercise Limits for Options
                                                                                                       subject line if email is used. To help the
                                               organizations or competing order                                                                                on the SPDR Exchange-Traded Fund
                                                                                                       Commission process and review your
                                               execution venues to maintain their
                                               competitive standing in the financial                   comments more efficiently, please use                   June 13, 2018.
                                               markets.                                                only one method. The Commission will
                                                                                                                                                                  Pursuant to Section 19(b)(1) of the
                                                                                                       post all comments on the Commission’s
                                               C. Self-Regulatory Organization’s                                                                               Securities Exchange Act of 1934
                                                                                                       internet website (http://www.sec.gov/                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Statement on Comments on the                            rules/sro.shtml). Copies of the
                                               Proposed Rule Change Received From                                                                              notice is hereby given that on June 12,
                                                                                                       submission, all subsequent                              2018, Nasdaq BX, Inc. (‘‘BX’’ or
                                               Members, Participants, or Others                        amendments, all written statements                      ‘‘Exchange’’) filed with the Securities
                                                 No written comments were solicited                    with respect to the proposed rule                       and Exchange Commission
                                               or received with respect to the proposed                change that are filed with the                          (‘‘Commission’’) the proposed rule
                                               rule change.                                            Commission, and all written                             change as described in Items I, II, and
                                               III. Date of Effectiveness of the                       communications relating to the                          III below, which Items have been
                                               Proposed Rule Change and Timing for                     proposed rule change between the                        prepared by the Exchange. The
                                               Commission Action                                       Commission and any person, other than                   Commission is publishing this notice to
                                                                                                       those that may be withheld from the                     solicit comments on the proposed rule
                                                  The foregoing rule change is effective               public in accordance with the                           change from interested persons.
                                               upon filing pursuant to Section                         provisions of 5 U.S.C. 552, will be
                                               19(b)(3)(A) 10 of the Act and                                                                                   I. Self-Regulatory Organization’s
                                                                                                       available for website viewing and                       Statement of the Terms of Substance of
                                               subparagraph (f)(2) of Rule 19b–4 11
                                                                                                       printing in the Commission’s Public                     the Proposed Rule Change
                                               thereunder, because it establishes a due,
                                                                                                       Reference Room, 100 F Street NE,
                                               fee, or other charge imposed by the                                                                                The Exchange proposes to amend BX
                                               Exchange.                                               Washington, DC 20549 on official
                                                                                                       business days between the hours of                      Rules at Supplementary Material to
                                                  At any time within 60 days of the                                                                            Chapter III, Section 7, entitled ‘‘Position
                                               filing of such proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                               Limits,’’ and Section 9, entitled
                                               Commission summarily may                                filing also will be available for
                                                                                                                                                               ‘‘Exercise Limits,’’ to amend position
                                               temporarily suspend such rule change if                 inspection and copying at the principal
                                                                                                                                                               limits and exercise limits for options on
                                               it appears to the Commission that such                  office of the Exchange. All comments
                                                                                                                                                               the SPDR® S&P 500® exchange-traded
                                               action is necessary or appropriate in the               received will be posted without change.                 fund (‘‘SPY ETF’’ or ‘‘SPY’’),3 which list
                                               public interest, for the protection of                  Persons submitting comments are                         and trade under the symbol ‘‘SPY.’’
                                               investors, or otherwise in furtherance of               cautioned that we do not redact or edit                    The text of the proposed rule change
                                               the purposes of the Act. If the                         personal identifying information from                   is available on the Exchange’s website at
                                               Commission takes such action, the                       comment submissions. You should                         http://nasdaqbx.cchwallstreet.com/, at
                                               Commission shall institute proceedings                  submit only information that you wish                   the principal office of the Exchange, and
                                               under Section 19(b)(2)(B) 12 of the Act to              to make available publicly. All                         at the Commission’s Public Reference
                                               determine whether the proposed rule                     submissions should refer to File                        Room.
                                               change should be approved or                            Number SR–NYSE–2018–27 and should
                                               disapproved.                                            be submitted on or before July 10, 2018.                II. Self-Regulatory Organization’s
                                                                                                                                                               Statement of the Purpose of, and
                                               IV. Solicitation of Comments                              For the Commission, by the Division of                Statutory Basis for, the Proposed Rule
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated              Change
                                               submit written data, views, and                         authority.13
                                                                                                                                                                 In its filing with the Commission, the
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,
                                                                                                                                                               Exchange included statements
                                               including whether the proposed rule                     Assistant Secretary.                                    concerning the purpose of and basis for
                                               change is consistent with the Act.                      [FR Doc. 2018–13083 Filed 6–18–18; 8:45 am]             the proposed rule change and discussed
                                               Comments may be submitted by any of                     BILLING CODE 8011–01–P                                  any comments it received on the
                                               the following methods:                                                                                          proposed rule change. The text of these
                                               Electronic Comments                                                                                             statements may be examined at the
                                                                                                                                                               places specified in Item IV below. The
                                                 • Use the Commission’s internet
                                               comment form (http://www.sec.gov/                                                                                 1 15  U.S.C. 78s(b)(1).
                                               rules/sro.shtml); or
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                 2 17  CFR 240.19b–4.
                                                 • Send an email to rule-comments@                                                                                3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’

                                               sec.gov. Please include File Number SR–                                                                         ‘‘S&P 500®,’’ and ‘‘Standard & Poor’s 500’’ are
                                               NYSE–2018–27 on the subject line.                                                                               registered trademarks of Standard & Poor’s
                                                                                                                                                               Financial Services LLC. The SPY ETF represents
                                                                                                                                                               ownership in the SPDR S&P 500 Trust, a unit
                                                 10 15 U.S.C. 78s(b)(3)(A).                                                                                    investment trust that generally corresponds to the
                                                 11 17 CFR 240.19b–4(f)(2).                                                                                    price and yield performance of the SPDR S&P 500
                                                 12 15 U.S.C. 78s(b)(2)(B).                              13 17   CFR 200.30–3(a)(12).                          Index.



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                                               28482                          Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices

                                               Exchange has prepared summaries, set                    balanced against the potential of setting              Exchange also notes that SPY is more
                                               forth in sections A, B, and C below, of                 the limits so low as to discourage                     liquid than QQQ.11 The Exchange
                                               the most significant aspects of such                    participation in the options market. The               believes that establishing position and
                                               statements.                                             level of those position limits must be                 exercise limits for the SPY options in
                                                                                                       balanced between curtailing potential                  the amount of 1,800,000 contracts on
                                               A. Self-Regulatory Organization’s
                                                                                                       manipulation and the cost of preventing                the same side of the market subject to
                                               Statement of the Purpose of, and
                                                                                                       potential hedging activity that could be               this proposal would allow for the
                                               Statutory Basis for, the Proposed Rule
                                                                                                       used for legitimate economic purposes.                 maintenance of the liquid and
                                               Change                                                     The SPY Pilot Program was                           competitive market environment for
                                               1. Purpose                                              established in 2013 in order to eliminate              these options, which will benefit
                                                  BX Rules at Supplementary Material                   position and exercise limits for                       customers interested in these products.
                                               to Chapter III, Section 7, entitled                     physically-settled SPY options.6 In                    Under the proposal, the reporting
                                               ‘‘Position Limits’’ and Section 9,                      2005, the position limits for SPY                      requirement for the options would be
                                               entitled ‘‘Exercise Limits’’ indicate the               options were increased from 75,000                     unchanged.
                                               manner in which positions for aggregate                 contracts to 300,000 contracts on the
                                                                                                       same side of the market.7 In July 2011,                2. Statutory Basis
                                               positions in option contracts are treated
                                               on the Exchange. SPY is among the                       the position limit for these options was                  The Exchange believes that its
                                               certain select underlying securities                    again increased from 300,000 contracts                 proposal is consistent with Section 6(b)
                                               listed in each such Rule. Currently,                    to 900,000 contracts on the same side of               of the Act,12 in general, and furthers the
                                               these Rules provide that there are no                   the market.8 Then, in 2012, the position               objectives of Section 6(b)(5) of the Act,13
                                               position limits and there are no exercise               limits for SPY options were eliminated                 in particular, in that it is designed to
                                               limits on options overlying SPY                         as part of the SPY Pilot Program.9                     promote just and equitable principles of
                                                                                                          The underlying SPY tracks the                       trade, to remove impediments to and
                                               pursuant to a pilot program, which is
                                                                                                       performance of the S&P 500 Index and                   perfect the mechanism of a free and
                                               scheduled to expire on July 12, 2018
                                                                                                       the Exchange notes that the SPY and                    open market and a national market
                                               (‘‘SPY Pilot Program’’).4
                                                  The Exchange proposes to amend                       SPY options have deep, liquid markets                  system, and, in general to protect
                                               Chapter III, Sections 7 and 9 to allow                  that reduce concerns regarding                         investors and the public interest. The
                                               the SPY Pilot Program to terminate on                   manipulation and disruption in the                     Exchange believes that establishing
                                               July 12, 2018, the current expiration                   underlying markets. In support of this                 permanent position and exercise limits
                                               date of the SPY Pilot Program. In lieu of               proposed rule change, the Exchange has                 for SPY options subject to this proposal
                                               extending the SPY Pilot Program for                     collected the following trading statistics             will encourage Market Makers to
                                               another year, the Exchange proposes to                  for SPY and SPY Options: (1) The                       continue to provide sufficient liquidity
                                               allow the SPY Pilot Program to                          average daily volume (‘‘ADV’’) to date                 in SPY options on the Exchange, which
                                               terminate and to establish position and                 (as of May 15, 2018) for SPY is 108.32                 will enhance the process of price
                                               exercise limits of 1,800,000 contracts,                 million shares; (2) the ADV to date in                 discovery conducted on the Exchange.
                                               for options on SPY, with such change                    2018 for SPY options is 3.9 million                    The proposal will also benefit
                                               becoming operative on July 12, 2018, so                 contracts per day; (3) the total shares                institutional investors as well as retail
                                               that there is no lapse in time between                  outstanding for SPY are 965.43 million;                traders, and public customers, by
                                               termination of the SPY Pilot Program                    and (4) the fund market cap for SPY is                 continuing to provide them with an
                                               and the establishment of the new limits.                261.65 billion. The Exchange represents                effective trading and hedging vehicle. In
                                               Furthermore, as a result of the                         further that there is tremendous                       addition, the Exchange believes that the
                                               termination of the SPY Pilot Program,                   liquidity in the securities that make up               structure of the SPY options subject to
                                               the Exchange does not believe it is                     the S&P 500 Index.                                     this proposal and the considerable
                                                                                                          Accordingly, the Exchange proposes                  liquidity of the market for those options
                                               necessary to submit a SPY Pilot Program
                                                                                                       to amend Chapter III, Sections 7 and 9                 diminishes the opportunity to
                                               Report at the end of the SPY Pilot
                                                                                                       to set forth that the position and                     manipulate this product and disrupt the
                                               Program. Based on the prior SPY Pilot
                                                                                                       exercise limits for options on SPY                     underlying market that a lower position
                                               Program Reports provided to the
                                                                                                       would be 1,800,000 contracts on the                    limit may protect against.
                                               Commission,5 the Exchange believes it
                                                                                                       same side of the market. These position                   Increased position limits for select
                                               is appropriate to terminate the SPY Pilot
                                                                                                       and exercise limits equal the current                  actively traded options, such as that
                                               Program and that permanent position
                                                                                                       position and exercise limits for options               proposed herein (increased as compared
                                               and exercise limits should be
                                                                                                       on QQQ, which the Commission                           to the 900,000 limit in place prior to the
                                               established for SPY.
                                                                                                       previously approved to be increased                    SPY Pilot Program),14 is not novel and
                                                  Position limits are designed to
                                                                                                       from 900,000 contracts on the same side                has been previously approved by the
                                               address potential manipulative schemes
                                                                                                       of the market, to 1,800,000 contracts on               Commission. For example, the
                                               and adverse market impact surrounding
                                                                                                       the same side of the market.10 The                     Commission has previously approved a
                                               the use of options, such as disrupting
                                               the market in the security underlying                                                                          rule change permitting the Exchange to
                                                                                                          6 See Securities Exchange Act Release No. 69179
                                               the options. The potential manipulative                                                                        double the position and exercise limits
                                                                                                       (March 19, 2013), 78 FR 17952 (March 25, 2013)
                                               schemes and adverse market impact are                   (SR–BX–2013–024).                                      for FXI, EEM, IWM, EFA, EWZ, TLT,
                                                                                                          7 See Securities Exchange Act Release No. 51041

                                                  4 See Securities Exchange Act Release No. 69179      (January 14, 2005), 70 FR 3408 (January 24, 2005)      (SR–CBOE–2017–057). BX’s current rule is based on
                                                                                                       (SR–CBOE–2005–06). At this time BX was not in          Cboe Exchange, Inc.’s rule.
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                                               (March 19, 2013), 78 FR 17952 (March 25, 2013)
                                               (SR–BX–2013–024); 72143 (May 9, 2014), 79 FR            existence.                                               11 From the beginning of the year, through May

                                               27963 (May 15, 2014) (SR–BX–2014–025); 75412               8 See Securities Exchange Act Release No. 64928     15, 2018, the ADV for SPY was 108.32 million
                                               (July 9, 2015), 80 FR 41517 (July 15, 2015) (SR–BX–     (July 20, 2011), 76 FR 44633 (July 26, 2011) (SR–      shares while the ADV for QQQ was 46.64 million
                                               2015–039); 78125 (June 22, 2016), 81 FR 42009           CBOE–2011–065). At this time BX was not in             shares (calculated using data from Yahoo Finance
                                               (June 28, 2016) (SR–BX–2016–030); and 81093 (July       existence.                                             as of May 15, 2018).
                                                                                                                                                                12 15 U.S.C. 78f(b).
                                               7, 2017), 82 FR 32415 (July 13, 2017) (SR–BX–              9 See note 4 above.

                                               2017–030).                                                 10 See Securities Exchange Act Release No. 82770      13 15 U.S.C. 78f(b)(5).
                                                  5 Id.                                                (February 23, 2018), 83 FR 8907 (March 1, 2018)          14 See note 8.




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                                                                                Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices                                                     28483

                                               QQQ, and EWJ.15 Furthermore, as                           the other options exchanges will file                     All submissions should refer to File
                                               previously mentioned, the Commission                      similar proposals with the Commission.                    Number SR–BX–2018–022. This file
                                               specifically approved a proposal by the                                                                             number should be included on the
                                                                                                         C. Self-Regulatory Organization’s
                                               Exchange to increase the position and                                                                               subject line if email is used. To help the
                                                                                                         Statement on Comments on the
                                               exercise limits for options on QQQ from                   Proposed Rule Change Received From                        Commission process and review your
                                               900,000 contracts on the same side of                     Members, Participants, or Others                          comments more efficiently, please use
                                               the market to 1,800,000 contracts on the                                                                            only one method. The Commission will
                                               same side of the market; similar to the                     No written comments were either                         post all comments on the Commission’s
                                               current proposal for options on SPY.16                    solicited or received.                                    internet website (http://www.sec.gov/
                                               The Exchange also notes that SPY is                       III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                               more liquid than QQQ.17                                   Proposed Rule Change and Timing for                       submission, all subsequent
                                                                                                         Commission Action                                         amendments, all written statements
                                                  Lastly, the Commission expressed the
                                                                                                                                                                   with respect to the proposed rule
                                               belief that implementing higher position                     Because the foregoing proposed rule
                                                                                                                                                                   change that are filed with the
                                               and exercise limits may bring additional                  change does not: (i) Significantly affect
                                                                                                                                                                   Commission, and all written
                                               depth and liquidity without increasing                    the protection of investors or the public
                                                                                                                                                                   communications relating to the
                                               concerns regarding intermarket                            interest; (ii) impose any significant
                                                                                                                                                                   proposed rule change between the
                                               manipulation or disruption of the                         burden on competition; and (iii) become
                                                                                                                                                                   Commission and any person, other than
                                               options or the underlying securities.18                   operative for 30 days from the date on
                                                                                                                                                                   those that may be withheld from the
                                               The Exchange’s existing surveillance                      which it was filed, or such shorter time
                                                                                                                                                                   public in accordance with the
                                               and reporting safeguards are designed to                  as the Commission may designate, it has
                                                                                                                                                                   provisions of 5 U.S.C. 552, will be
                                               deter and detect possible manipulative                    become effective pursuant to Section
                                                                                                                                                                   available for website viewing and
                                               behavior which might arise from                           19(b)(3)(A)(iii) of the Act 21 and
                                                                                                                                                                   printing in the Commission’s Public
                                               increasing position and exercise limits                   subparagraph (f)(6) of Rule 19b–4
                                                                                                                                                                   Reference Room, 100 F Street NE,
                                               (increased as compared to the 900,000                     thereunder.22
                                                                                                            At any time within 60 days of the                      Washington, DC 20549, on official
                                               limit in place prior to the SPY Pilot                                                                               business days between the hours of
                                               Program).19                                               filing of the proposed rule change, the
                                                                                                         Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                               B. Self-Regulatory Organization’s                         temporarily suspend such rule change if                   filing also will be available for
                                               Statement on Burden on Competition                        it appears to the Commission that such                    inspection and copying at the principal
                                                                                                         action is: (i) Necessary or appropriate in                office of the Exchange. All comments
                                                  The Exchange does not believe that                     the public interest; (ii) for the protection              received will be posted without change.
                                               the proposed rule change will impose                      of investors; or (iii) otherwise in                       Persons submitting comments are
                                               any burden on competition that is not                     furtherance of the purposes of the Act.                   cautioned that we do not redact or edit
                                               necessary or appropriate in furtherance                   If the Commission takes such action, the                  personal identifying information from
                                               of the purposes of the Act. The                           Commission shall institute proceedings                    comment submissions. You should
                                               Exchange believes the entire proposal is                  to determine whether the proposed rule                    submit only information that you wish
                                               consistent with Section (6)(b)(8) of the                  should be approved or disapproved.                        to make available publicly. All
                                               Act 20 in that it does not impose any                                                                               submissions should refer to File
                                               burden on competition that is not                         IV. Solicitation of Comments                              Number SR–BX–2018–022 and should
                                               necessary or appropriate in furtherance                     Interested persons are invited to                       be submitted on or before July 10, 2018.
                                               of the purposes of the Act. On the                        submit written data, views, and                             For the Commission, by the Division of
                                               contrary, the Exchange believes the                       arguments concerning the foregoing,                       Trading and Markets, pursuant to delegated
                                               proposal promotes competition because                     including whether the proposed rule                       authority.23
                                               it will enable the option exchanges to                    change is consistent with the Act.                        Eduardo A. Aleman,
                                               attract additional order flow from the                    Comments may be submitted by any of                       Assistant Secretary.
                                               over-the-counter market, who in turn                      the following methods:                                    [FR Doc. 2018–13082 Filed 6–18–18; 8:45 am]
                                               compete for those orders. The Exchange                    Electronic Comments                                       BILLING CODE 8011–01–P
                                               believes that the proposed rule change
                                               will result in continued opportunities to                   • Use the Commission’s internet
                                                                                                         comment form (http://www.sec.gov/                         SECURITIES AND EXCHANGE
                                               achieve the investment and trading
                                                                                                         rules/sro.shtml); or                                      COMMISSION
                                               objectives of market participants seeking
                                                                                                           • Send an email to rule-comments@
                                               efficient trading and hedging vehicles,                   sec.gov. Please include File Number SR–                   [Release No. 34–83422; File No. SR–FINRA–
                                               to the benefit of investors, market                       BX–2018–022 on the subject line.                          2018–015]
                                               participants, and the marketplace in
                                               general. The Exchange believes this                       Paper Comments                                            Self-Regulatory Organizations;
                                               proposed rule change is necessary to                        • Send paper comments in triplicate                     Financial Industry Regulatory
                                               permit fair competition among the                         to Brent J. Fields, Secretary, Securities                 Authority, Inc.; Notice of Designation
                                               options exchanges and to establish                        and Exchange Commission, 100 F Street                     of a Longer Period for Commission
                                               uniform position limits for additional                    NE, Washington, DC 20549–1090.                            Action on a Proposed Rule Change To
                                               multiply listed option classes.                                                                                     Amend FINRA Rule 6433 To Adopt the
                                               Furthermore, the Exchange believes that                                                                             OTC Quotation Tier Size Pilot as
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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–      Permanent
                                                 15 See   note 10 above.                                 4(f)(6) requires a self-regulatory organization to give
                                                 16 Id.                                                  the Commission written notice of its intent to file       June 13, 2018.
                                                 17 See
                                                                                                         the proposed rule change at least five business days        On April 20, 2018, Financial Industry
                                                        note 11 above.                                   prior to the date of filing of the proposed rule
                                                 18 See note 10 above.
                                                                                                         change, or such shorter time as designated by the         Regulatory Authority, Inc. (‘‘FINRA’’)
                                                 19 See note 8 above.
                                                                                                         Commission. The Exchange has satisfied this
                                                 20 15 U.S.C. 78(f)(b)(8).                               requirement.                                                23 17   CFR 200.30–3(a)(12).



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Document Created: 2018-07-02 11:21:52
Document Modified: 2018-07-02 11:21:52
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 28481 

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