83_FR_47849 83 FR 47666 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 2360 (Options) To Increase Position Limits on Options on Certain Exchange-Traded Funds

83 FR 47666 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 2360 (Options) To Increase Position Limits on Options on Certain Exchange-Traded Funds

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47666-47673
FR Document2018-20435

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Pages 47666-47673]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20435]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84127; File No. SR-FINRA-2018-034]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Rule 2360 (Options) To Increase Position 
Limits on Options on Certain Exchange-Traded Funds

September 14, 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 August 31, 2018, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') filed with the Securities and Exchange Commission (``SEC'' 
or ``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by FINRA. FINRA has designated 
the proposed rule change as constituting a ``non-controversial'' rule 
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which 
renders the proposal effective upon receipt of this filing by the 
Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 2360 (Options) to increase 
the position limit for conventional options on the following exchange-
traded funds (``ETF''): The Standard and Poor's Depositary Receipts 
Trust (``SPY''), iShares Russell 2000 ETF (``IWM''), PowerShares QQQ 
Trust (``QQQ''), iShares MSCI Emerging Markets ETF (``EEM''), iShares 
China Large-Cap ETF (``FXI''), iShares MSCI EAFE ETF (``EFA''), iShares 
MSCI Brazil Capped ETF (``EWZ''), iShares 20+ Year Treasury Bond Fund 
ETF (``TLT''), and iShares MSCI Japan ETF (``EWJ'').
    Below is the text of the proposed rule change. Proposed new 
language is in italics; proposed deletions are in brackets.
* * * * *

2360. Options

    (a) No Change.

(b) Requirements

    (1) through (2) No Change.

(3) Position Limits

    (A) Stock Options--
    (i) through (ii) No Change.
    (iii) Conventional Equity Options
    a. For purposes of this paragraph (b), standardized equity option 
contracts of the put class and call class on the same side of the 
market overlying the same security shall not be aggregated with 
conventional equity option contracts or FLEX Equity Option contracts 
overlying the same security on the same side of the market. 
Conventional equity option contracts of the put class and call class on 
the same side of the market overlying the same security shall be 
subject to a position limit of:
    1. through 5. No Change.
    6. for selected conventional options on exchange-traded funds 
(``ETF''), the position limits are listed in the chart below:

----------------------------------------------------------------------------------------------------------------
          Security underlying option                                     Position limit
----------------------------------------------------------------------------------------------------------------
The DIAMONDS Trust (DIA).....................  300,000 contracts.
The Standard and Poor's Depositary Receipts    [900,000]1,800,000 contracts.
 Trust (SPY).
The iShares Russell 2000 [Index Fund]ETF       [500,000]1,000,000 contracts.
 (IWM).
The PowerShares QQQ Trust (QQQ[Q])...........  [900,000]1,800,000 contracts.
The iShares MSCI Emerging Markets [Index       [500,000]1,000,000 contracts.
 Fund]ETF (EEM).
iShares China Large-Cap ETF (FXI)............  500,000 contracts.
iShares MSCI EAFE ETF (EFA)..................  500,000 contracts.
iShares MSCI Brazil Capped ETF (EWZ).........  500,000 contracts.
iShares 20+ Year Treasury Bond Fund ETF (TLT)  500,000 contracts.
iShares MSCI Japan ETF (EWJ).................  500,000 contracts.
----------------------------------------------------------------------------------------------------------------


[[Page 47667]]

    b. No Change.
    (B) through (D) No Change.
    (4) through (24) No Change.
    (c) No Change.

   Supplementary Material:----

    .01 through .03 No Change.
* * * * *

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

    In its filing with the Commission, FINRA 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. FINRA 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
    FINRA Rule 2360(b)(3)(A) imposes a position limit on the number of 
equity options contracts in each class on the same side of the market 
that can be held or written by a member, a person associated with a 
member, or a customer or a group of customers acting in concert. 
Position limits are intended to prevent the establishment of options 
positions that can be used to manipulate or disrupt the underlying 
market or might create incentives to manipulate or disrupt the 
underlying market so as to benefit the options position. In addition, 
position limits serve to reduce the potential for disruption of the 
options market itself, especially in illiquid options classes.\4\ This 
consideration has been balanced by the concern that the limits ``not be 
established at levels that are so low as to discourage participation in 
the options market by institutions and other investors with substantial 
hedging needs or to prevent specialists and market makers from 
adequately meeting their obligations to maintain a fair and orderly 
market.'' \5\
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    \4\ See Securities Exchange Act Release No. 40969 (January 22, 
1999), 64 FR 4911, 4912-4913 (February 1, 1999) (Order Approving 
File No. SR-CBOE-98-23) (citing H.R. No. IFC-3, 96th Cong., 1st 
Sess. at 189-91 (Comm. Print 1978)).
    \5\ Id. at 4913.
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    Rule 2360(b)(3)(A)(i) does not independently establish a position 
limit for standardized equity options. Rather, the position limit 
established by the rules of an options exchange for a particular equity 
option is the applicable position limit for purposes of Rule 2360.\6\ 
Rule 2360(b)(3)(A)(iii) provides that conventional equity options are 
subject to a basic position limit of 25,000 contracts or a higher tier 
for conventional option contracts on securities that underlie exchange-
traded options qualifying for such higher tier as determined by the 
rules of the options exchanges. In addition, FINRA lists position 
limits for options on securities that have higher position limits--
currently, only the ETFs listed in Rule 2360(b)(3)(A)(iii)a.6.--that 
also generally mirror the options exchange position limits.\7\ At this 
time, FINRA proposes to conform to the options exchanges' recent 
amendments that increased (or in the case of SPY decreased from the 
pilot program) the position limit options on the following ETFs: SPY, 
IWM, QQQ, EEM, FXI, EFA, EWZ, TLT and EWJ.\8\
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    \6\ See e.g., CBOE Rule 4.11; ISE Rule 412; NASDAQ PHLX Rule 
1001; NYSE American Rule 904; NYSE Arca Rule 6.8; MIAX Rule 307; BOX 
Rule 3120 and IM-3120-2; Nasdaq Chapter III, Section 7; BX Chapter 
III, Section 7; and BZX Rule 18.7.
    \7\ The options exchanges have recently revised the position 
limit on SPY options to 1,800,000 contracts after expiration of a 
pilot program on July 12, 2018 that eliminated position limits on 
SPY options. FINRA retained its position for conventional options on 
SPY at 900,000 contracts. The proposed rule change proposes to 
increase the position limit on SPY to 1,800,000 consistent with the 
options exchanges updating the position limit on SPY to 1,800,000 
contracts. See Securities Exchange Act Release No. 83349 (May 30, 
2018), 83 FR 26123 (June 5, 2018) (Notice of Filing and Immediate 
Effectiveness of File No. SR-MIAX-2018-11). See also Securities 
Exchange Act Release No. 83412 (June 12, 2018), 83 FR 28298 (June 
18, 2018) (Notice of Filing and Immediate Effectiveness of File No. 
SR-PHLX-2018-44); Securities Exchange Act Release No. 83414 (June 
12, 2018), 83 FR 28296 (June 18, 2018) (Notice of Filing and 
Immediate Effectiveness of File No. SR-BOX-2018-22); Securities 
Exchange Act Release No. 83415 (June 12, 2018), 83 FR 28274 (June 
18, 2018) (Notice of Filing and Immediate Effectiveness of File No. 
SR-CBOE-2018-042); Securities Exchange Act Release No. 83413 (June 
12, 2018), 83 FR 28277 (June 18, 2018) (Notice of Filing and 
Immediate Effectiveness of File No. SR-NYSEArca-2018-44); and 
Securities Exchange Act Release No. 83417 (June 12, 2018), 83 FR 
28279 (June 18, 2018) (Notice of Filing and Immediate Effectiveness 
of File No. SR-NYSEAMER-2018-26).
    \8\ See note 7 for discussion regarding position limits for 
options on SPY. See also Securities Exchange Act Release No. 82770 
(February 23, 2018), 83 FR 8907 (March 1, 2018) (Order Granting 
Accelerated Approval of File No. SR-CBOE-2017-057). See also 
Securities Exchange Act Release No. 82931 (March 22, 2018), 83 FR 
13323 (March 28, 2018) (Notice of Filing and Immediate Effectiveness 
of File No. SR-MIAX-2018-10); Securities Exchange Act Release No. 
82930 (March 22, 2018), 83 FR 13330 (March 28, 2018) (Notice of 
Filing and Immediate Effectiveness of File No. SR-BOX-2018-10); 
Securities Exchange Act Release No. 82932 (March 22, 2018), 83 FR 
13316 (March 28, 2018) (Notice of Filing and Immediate Effectiveness 
of File No. SR-PHLX-2018-24); Securities Exchange Act Release No. 
83066 (April 19, 2018), 83 FR 18099 (April 25, 2018) (Notice of 
Filing and Immediate Effectiveness of File No. SR-NYSEArca-2018-23) 
and Securities Exchange Act Release No. 83065 (April 19, 2018), 83 
FR 18093 (April 25, 2018) (Notice of Filing and Immediate 
Effectiveness of File No. SR-NYSEAMER-2018-14).
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    The proposed rule change would amend the table provided in Rule 
2360(b)(3)(A)(iii)a.6. as follows:
     The position limits for options on SPY would be increased 
from 900,000 contracts to 1,800,000 contracts;
     The position limit for options on IWM would be increased 
from 500,000 contracts to 1,000,000 contracts;
     The position limit for options on QQQ would be increased 
from 900,000 contracts to 1,800,000 contracts; and
     The position limit for options on EEM would be increased 
from 500,000 contracts to 1,000,000 contracts.
    In addition, the proposed rule change would add to the table 
provided in Rule 2360(b)(3)(A)(iii)a.6. as follows, with the effect of 
each ETF being increased from the current position limit of 250,000 
contracts:
     The position limit for options on FXI would be increased 
to 500,000 contracts;
     The position limit for options on EFA would be increased 
to 500,000 contracts;
     The position limit for options on EWZ would be increased 
to 500,000 contracts;
     The position limit for options on TLT would be increased 
to 500,000 contracts; and
     The position limit for options on EWJ would be increased 
to 500,000 contracts.\9\
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    \9\ The proposed rule filing would also make certain wording 
changes to the listing of the names of the ETFs and change in two 
places ``Index Fund'' to ``ETF''. The proposed rule filing would 
also revise the symbol of The PowerShares QQQ Trust to ``QQQ.''
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    In support of the proposed rule change, as noted by Cboe, position 
limits are determined by the option exchange's requirements according 
to the number of outstanding shares and the trading volume of the 
underlying ETF over the past six months.\10\ The ETFs that underlie 
options subject to the proposed rule change are highly liquid, and are 
based on a broad set of highly liquid securities and other reference 
assets. The above listed ETFs are listed on various national securities 
exchanges and meet their listing standards.
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    \10\ See for example, Cboe Rule 4.11 Interpretations and 
Policies: .02.
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    FXI tracks the performance of the FTSE China 50 Index, which is 
composed of the 50 largest Chinese stocks.\11\ EEM tracks the 
performance of

[[Page 47668]]

the MSCI Emerging Markets Index, which is composed of approximately 800 
component securities from emerging market countries from all over the 
world.\12\ IWM tracks the performance of the Russell 2000 Index, which 
is composed of 2,000 small-cap domestic stocks.\13\ EFA tracks the 
performance of MSCI EAFE Index, which has over 900 component 
securities.\14\ The MSCI EAFE Index is designed to represent the 
performance of large and mid-cap securities across 21 developed 
markets, including countries in Europe, Australia and the Far East, 
excluding the U.S. and Canada.\15\ EWZ tracks the performance of the 
MSCI Brazil 25/50 Index, which is composed of shares of large and mid-
size companies in Brazil.\16\ TLT tracks the performance of ICE U.S. 
Treasury 20+ Year Bond Index, which is composed of long-term U.S. 
Treasury bonds.\17\ QQQ tracks the performance of the Nasdaq-100 Index, 
which is composed of 100 of the largest domestic and international non-
financial companies listed on the Nasdaq Stock Market LLC 
(``Nasdaq'').\18\ EWJ tracks the MSCI Japan Index, which tracks the 
performance of large and mid-sized companies in Japan.\19\ SPY tracks 
the performance of the S&P 500[supreg] Index, which is an index of 
diversified large cap U.S. companies.\20\
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    \11\ See https://www.ishares.com/us/products/239536/ishares-china-largecap-etf.
    \12\ See https://www.ishares.com/us/products/239637/ishares-msci-emerging-markets-etf.
    \13\ See https://www.ishares.com/us/products/239710/ishares-russell-2000-etf.
    \14\ See https://www.ishares.com/us/products/239623/.
    \15\ See https://www.msci.com/eafe.
    \16\ See https://www.ishares.com/us/products/239612/ishares-msci-brazil-capped-etf.
    \17\ See https://www.ishares.com/us/products/239454/.
    \18\ See https://indexes.nasdaqomx.com/Index/Overview/NDX.
    \19\ See https://www.ishares.com/us/products/239665/EWJ.
    \20\ See https://us.spdrs.com/en/etf/spdr-sp-500-etf-SPY.
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    In support of this proposal, all trading and other statistics, 
except SPY which were compiled by FINRA, have been compiled by Cboe as 
of the dates provided by Cboe and provided in its proposed rule change 
to increase the applicable positions limits: \21\
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    \21\ See note 8.

----------------------------------------------------------------------------------------------------------------
                                                                     2017 ADV         Shares
                       ETF                           2017 ADV         (option       outstanding     Fund market
                                                   (mil. shares)    contracts)        (mil.)       cap.  ($mil.)
----------------------------------------------------------------------------------------------------------------
FXI.............................................           15.08          71,944            78.6        $3,343.6
EEM.............................................           52.12         287,357           797.4        34,926.1
IWM.............................................           27.46         490,070           253.1        35,809.1
EFA.............................................           19.42          98,844          1178.4        78,870.3
EWZ.............................................           17.08          95,152           159.4         6,023.4
TLT.............................................            8.53          80,476            60.0         7,442.4
QQQ.............................................           26.25         579,404           351.6        50,359.7
EWJ.............................................            6.06           4,715           303.6        16,625.1
SPY.............................................           64.63       2,575,153          976.23       240,540.0
----------------------------------------------------------------------------------------------------------------

    FINRA agrees as proposed by Cboe that the liquidity in the 
underlying ETFs, and the liquidity in the ETF options support its 
request to increase the position limits for the options subject to the 
proposed rule change. As to the underlying ETF shares, the average 
daily trading volume across all exchanges for the period of January 1 
to July 31, 2017 was: (i) FXI-15.08 million shares; (ii) EEM-52.12 
million shares; (iii) IWM-27.46 million shares; (iv) EFA-19.42 million 
shares; (v) EWZ-17.08 million shares; (vi) TLT-8.53 million shares; 
(vii) QQQ- 26.25 million shares; (vii) EWJ-6.06 million shares; and 
(viii) SPY-64.63 million shares.
    In proposing the increased position limits, FINRA considered the 
availability of economically equivalent products and their respective 
position limits. For instance, some of the ETFs underlying options 
subject to this proposal are based on broad-based indices that underlie 
cash-settled options that are economically equivalent to the ETF 
options that are the subject of this proposal and have no position 
limits (NDX and SPX). Other ETFs are based on broad-based indexes that 
underlie cash-settled options with position limits reflecting notional 
values that are larger than the current position limits for ETF 
analogues (EEM and EFA). Where there was no approved index analogue, 
FINRA believes, based on the liquidity, breadth and depth of the 
underlying market, that the index referenced by the ETF would be 
considered a broad-based index (example FXI and EWJ).\22\ FINRA 
believes that if certain position limits are appropriate for the 
options overlying the same index, or an analogue to the basket of 
securities that the ETF tracks, then those same economically equivalent 
position limits should be appropriate for the option overlying the ETF. 
In addition, the market capitalization of the underlying index or 
reference asset is large enough to absorb any price movements that may 
be caused by an oversized trade. Also, the issuer may look to the 
stocks comprising the analogous underlying index or reference asset 
when seeking to create additional ETF shares which are part of the 
creation/redemption process to address supply and demand or to mitigate 
the price movement of the price of the ETF.
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    \22\ FINRA Rule 2360(b)(3)(B) establishes position limits for 
index options by incorporating by reference the position limit 
established by the options exchange on which the option trades. 
Options exchanges establish rules for index options based on the 
characteristic of the underlying index. See, e.g., Cboe Rule 24.4 
and MIAX Rule 1804.
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    For example, the PowerShares QQQ Trust or QQQ is an ETF that tracks 
the Nasdaq 100 Index or NDX, which is an index composed of 100 of the 
largest non-financial securities listed on the Nasdaq Stock Market LLC 
(``Nasdaq''). Options on NDX are currently subject to no position 
limits but share similar trading characteristics as QQQ. Based on QQQ's 
share price of $154.5422 and NDX's index level of 6,339.14, 
approximately 40 contracts of QQQ equals one contract of NDX. Assume 
that options on NDX are subject to the standard position limit of 
25,000 contracts for broad-based index options under options exchange 
rules. Based on the above comparison of notional values, this would 
result in a position limit equivalent to 1,000,000 contracts for QQQ as 
NDX's analogue. However, options on NDX are not subject to position 
limits and has an average daily trading volume of 15,300 contracts. 
Options on QQQ are currently subject to a position limit of 900,000 
contracts but has a much higher average daily trading volume of 579,404 
contracts. Furthermore, NDX currently has a market capitalization of 
$17.2 trillion and QQQ has a market capitalization of

[[Page 47669]]

$50,359.7 million, and the component securities of NDX, in aggregate, 
have traded an average of 440 million shares per day in 2017, both 
market capitalizations being large enough to absorb any price movement 
caused by a large trade in the QQQ. The Commission has also approved no 
position limit for options on NDX, although it has a much lower daily 
trading volume than its analogue, the QQQ. Therefore, FINRA believes it 
is reasonable to increase the position limit for options on QQQ from 
900,000 to 1,800,000 contracts.
    The SPDR[supreg] S&P 500[supreg] ETF Trust or SPY seeks to provide 
investment results that, before expenses, correspond generally to the 
price and yield performance of the S&P 500[supreg] Index or SPX, which 
is an index composed of 500 large-cap U.S. companies. Options on the 
SPX have no position limits and share similar trading characteristics 
as SPY. Based on SPY's price of $263.15 and SPX's index level of 
2640.87, approximately 10 contracts of SPY equals one contract of 
SPX.\23\ Assume that options on SPX are subject to the standard 
position limit of 25,000 contracts for broad-based index options under 
options exchange rules. Based on the above comparison of notional 
values, this would result in a position limit equivalent to 250,000 
contracts for options on SPY as SPX's analogue. However, options on SPX 
are not subject to position limits and has an average daily trading 
volume of 1,101,185 contracts.\24\ Options on SPY were recently changed 
to a position limit of 1,800,000 contracts for standardized options, 
but is currently subject to a conventional option position limit of 
900,000 contracts but has a much higher average daily trading volume of 
2,575,153 contracts.\25\ Furthermore, as of December 29, 2017, SPX had 
a market capitalization of $23.9 trillion and SPY has a market 
capitalization of $277.54 billion, large enough to absorb any price 
movement caused by a large trade in the SPY. The Commission has also 
approved no position limit for options on SPX, although it has a much 
lower daily trading volume than its analogue, the SPY, for which the 
exchanges recently changed the position limit to 1,800,000 contracts. 
Therefore, FINRA believes it is reasonable to increase the position 
limits for options on SPY from 900,000 to 1,800,000 contracts.
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    \23\ As of March 29, 2018.
    \24\ As of July 31, 2017.
    \25\ See note 7.
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    The iShares Russell 2000 ETF or IWM, is an ETF that also tracks the 
Russell 2000 index or RUT, which is an index composed of 2,000 small-
cap domestic companies in the Russell 2000 index. Options on RUT are 
currently subject to no position limits but share similar trading 
characteristics as IWM. Based on IWM's share price of $144.77 and RUT's 
index level of 1,486.88, approximately 10 contracts of IWM equals one 
contract of RUT. Assume that options on RUT are subject to the standard 
position limit of 25,000 contracts for broad-based index options under 
options exchange rules. Based on the above comparison of notional 
values, this would result in a position limit equivalent to 250,000 
contracts for options on IWM as RUT's analogue. However, options on RUT 
are not subject to position limits and has an average daily trading 
volume of 66,200 contracts. Options on IWM are currently subject to a 
position limit of 500,000 contracts but has a much higher average daily 
trading volume of 490,070 contracts. The Commission has approved no 
position limit for options on RUT, although it has a much lower average 
daily trading volume than its analogue, the IWM. Furthermore, RUT 
currently has a market capitalization of $2.4 trillion and IWM has a 
market capitalization of $35,809.1 million, and the component 
securities of RUT, in aggregate, have traded an average of 270 million 
shares per day in 2017, both large enough to absorb any price movement 
caused by a large trade in the IWM. Therefore, FINRA believes it is 
reasonable to increase the position limit for options on IWM from 
500,000 to 1,000,000 contracts.
    EEM tracks the performance of the MSCI Emerging Markets Index or 
MXEF, which is composed of approximately 800 component securities from 
emerging market countries from all over the world. Below makes the same 
notional value comparisons as made above. Based on EEM's share price of 
$47.06 and MXEF's index level of 1,136.45, approximately 24 contracts 
of EEM equals one contract of MXEF. Assume that options on MXEF are 
subject to the standard position limit of 25,000 contracts for broad-
based index options under options exchange rules. Based on the above 
comparison of notional values, this would result in a position limit 
economically equivalent to 604,000 contracts for options on EEM as 
MXEF's analogue. However, MXEF has an average daily trading volume of 
180 contracts. Options on EEM is currently subject to a position limit 
of 500,000 contracts but has a much higher average daily trading volume 
of 287,357 contracts. Furthermore, MXEF currently has a market 
capitalization of $5.18 trillion and EEM has a market capitalization of 
$34,926.1 million, and the component securities of MXEF, in aggregate, 
have traded an average of 33.6 billion shares per day in 2017, both 
large enough to absorb any price movement caused by a large trade in 
the EEM. Therefore, based on the comparison of average daily trading 
volume, FINRA believes it is reasonable to increase the position limit 
for options on EEM from 500,000 to 1,000,000 contracts.
    EFA tracks the performance of the MSCI EAFE Index or MXEA, which 
has over 900 component securities designed to represent the performance 
of large and mid-cap securities across 21 developed markets, including 
countries in Europe, Australia and the Far East, excluding the U.S. and 
Canada. Below makes the same notional value comparison as made above. 
Based on EFA's share price of $69.16 and MXEA's index level of 
1,986.15, approximately 29 contracts of EFA equals one contract of 
MXEA. Assume options on MXEA are subject to the standard position limit 
of 25,000 contracts for broad-based index options under options 
exchange rules. Based on the above comparison of notional values, this 
would result in a position limit economically equivalent to 721,000 
contracts for EFA as MXEA's analogue. Furthermore, MXEA currently has a 
market capitalization of $18.7 trillion and EFA has a market 
capitalization of $78,870.3 million, and the component securities of 
MXEA, in aggregate, have traded an average of 4.6 billion shares per 
day in 2017, both large enough to absorb any price movement caused by a 
large trade in EFA. However, MXEA has an average daily trading volume 
of 270 contracts. Options on EFA is currently subject to a position 
limit of 250,000 contracts but has a much higher average daily trading 
volume of 98,844 contracts. Based on the above comparisons, FINRA 
believes it is reasonable to increase the position limit for options on 
EFA from 250,000 to 500,000 contracts.
    FXI tracks the performance of the FTSE China 50 Index, which is 
composed of the 50 largest Chinese stocks. There is currently no index 
analogue for FXI approved for options trading. Options on FXI are 
currently subject to a position limit of 250,000 contracts but has a 
much higher average daily trading volume of 15.08 million shares. 
However, the FTSE China 50 Index currently has a market capitalization 
of $1.7 trillion and FXI has a market capitalization of $2,623.18 
million, both large enough to absorb any price movement caused by a 
large trade

[[Page 47670]]

in FXI. The components of the FTSE China 50 Index, in aggregate, have 
an average daily trading volume of 2.3 billion shares. Based on the 
above comparisons, FINRA believes it is reasonable to increase the 
position limit for options on FXI from 250,000 to 500,000 contracts.
    EWZ tracks the performance of the MSCI Brazil 25/50 Index, which is 
composed of shares of large and mid-size companies in Brazil. There is 
currently no index analogue for EWZ approved for options trading. 
Options on EWZ are currently subject to a position limit of 250,000 
contracts but the ETF has a much higher average daily trading volume of 
17.08 million shares. However, the MSCI Brazil 25/50 Index currently 
has a market capitalization of $700 billion and EWZ has a market 
capitalization of $6,023.4 million, both large enough to absorb any 
price movement caused by a large trade in EWZ. The components of the 
MSCI Brazil 25/50 Index, in aggregate, have an average daily trading 
volume of 285 million shares. Based on the above comparisons, FINRA 
believes it is reasonable to increase the position limit for options on 
EWZ from 250,000 to 500,000 contracts.
    TLT tracks the performance of the ICE U.S. Treasury 20+ Year Bond 
Index, which is composed of long-term U.S. Treasury bonds. There is 
currently no index analogue for TLT approved for options trading. 
However, the U.S. Treasury market is one of the largest and most liquid 
markets in the world, with over $14 trillion outstanding and turnover 
of approximately $500 billion per day. TLT currently has a market 
capitalization of $7,442.4 million, both large enough to absorb any 
price movement caused by a large trade in TLT. Therefore, any potential 
for manipulation will not increase solely due to the increase in 
position limits as set forth in this proposal. Based on the above 
comparisons, FINRA believes it is reasonable to increase the position 
limit for options on TLT from 250,000 to 500,000 contracts.
    EWJ tracks the MSCI Japan Index, which tracks the performance of 
large and mid-sized companies in Japan. There is currently no index 
analogue for EWJ approved for options trading. However, the MSCI Japan 
Index has a market capitalization of $3.5 trillion and EWJ has a market 
capitalization of $16,625.1 million, and the component securities of 
the MSCI Japan Index, in aggregate, have traded an average of 1.1 
billion shares per day in 2017, both large enough to absorb any price 
movement caused by a large trade in EWJ. Options on EWJ is currently 
subject to a position limit of 250,000 contracts and has an average 
daily trading volume of 6.6 million shares. Based on the above 
comparisons, FINRA believes it is reasonable to increase the position 
limit for options on EWJ from 250,000 to 500,000 contracts.
    FINRA believes that increasing the position limits for the 
conventional options subject to the proposed rule change would lead to 
a more liquid and competitive market environment for these options, 
which will benefit customers interested in these products.
Surveillance and Reporting
    Further, FINRA believes that the increased position limits 
provisions are appropriate in light of the existing surveillance 
procedures and reporting requirements at FINRA,\26\ the options 
exchanges, and at the several clearing firms, which are capable of 
properly identifying unusual or illegal trading activity. These 
procedures use daily monitoring of market movements by automated 
surveillance techniques to identify unusual activity in both options 
and underlying stocks.\27\
---------------------------------------------------------------------------

    \26\ See Rule 2360(b)(5) for the options reporting requirements.
    \27\ These procedures have been effective for the surveillance 
of options trading and will continue to be employed.
---------------------------------------------------------------------------

    In addition, large stock holdings must be disclosed to the 
Commission by way of Schedules 13D or 13G.\28\ Options positions are 
part of any reportable positions and cannot legally be hidden. 
Moreover, the previously noted Rule 2360(b)(5) requirement that members 
must file reports with FINRA for any customer that held aggregate large 
long or short positions of any single class for the previous day will 
continue to serve as an important part of FINRA's surveillance efforts.
---------------------------------------------------------------------------

    \28\ 17 CFR 240.13d-1.
---------------------------------------------------------------------------

    Finally, FINRA believes that the current financial requirements 
imposed by FINRA and by the Commission adequately address financial 
responsibility concerns that a member or its customer will maintain an 
inordinately large unhedged position in any option with a higher 
position limit. Current margin and risk-based haircut methodologies 
serve to limit the size of positions maintained by any one account by 
increasing the margin or capital that a member must maintain for a 
large position. Under Rule 4210(f)(8)(A), FINRA also may impose a 
higher margin requirement upon a member when FINRA determines a higher 
requirement is warranted. In addition, the Commission's net capital 
rule \29\ imposes a capital charge on members to the extent of any 
margin deficiency resulting from the higher margin requirement.
---------------------------------------------------------------------------

    \29\ 17 CFR 240.15c3-1.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate 
effectiveness and has requested that the SEC waive the requirement that 
the proposed rule change not become operative for 30 days after the 
date of the filing, so FINRA can implement the proposed rule change 
immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the 
provisions of Section 15A(b)(6) of the Act,\30\ which requires, among 
other things, that FINRA rules must be designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, and, in general, to protect investors and the 
public interest. FINRA believes that the proposed rule change promotes 
consistent regulation by harmonizing position limits with those of the 
other self-regulatory organizations. FINRA further believes that 
increasing the position limit on conventional options promotes 
consistent regulation by harmonizing the position limit with its 
standardized counterpart. In addition, FINRA believes the proposed rule 
change will be beneficial to large market makers and institutions 
(which generally have the greatest ability to provide liquidity and 
depth in products that may be subject to higher position limits as has 
been the case with recently approved increased position limits),\31\ as 
well as retail traders and public customers, by providing them with a 
more effective trading and hedging vehicle. In addition, FINRA believes 
that the structure of the options subject to the proposed rule change 
and the considerable liquidity of the market for those options 
diminishes the opportunity to manipulate these products and disrupt the 
underlying market that a lower position limit may protect against.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78o-3(b)(6).
    \31\ See note 8.
---------------------------------------------------------------------------

    Increased position limits for select actively traded options, such 
as those proposed herein, is not novel and has been previously approved 
by the Commission. For example, the Commission has previously approved 
a position limit of 1,800,000 contracts on options on SPY.\32\ 
Additionally, the Commission has approved similar proposed rule changes 
by the options exchanges to increase position and exercise limits for 
options on highly

[[Page 47671]]

liquid, actively-traded ETFs,\33\ including a proposal to permanently 
eliminate the position and exercise limits for options overlaying the 
S&P 500 Index, S&P 100 Index, Dow Jones Industrial Average, and Nasdaq 
100 Index.\34\ In approving the permanent elimination of position and 
exercise limits, the Commission relied heavily upon surveillance 
capabilities, and the Commission expressed trust in the enhanced 
surveillance and reporting safeguards in order to detect and deter 
possible manipulative behavior, which might arise from eliminating 
position and exercise limits.\35\ Furthermore, as described more fully 
above, options on other ETFs have the position limits proposed herein, 
but their trading volumes are significantly lower than the ETFs subject 
to the proposed rule change.
---------------------------------------------------------------------------

    \32\ See note 7.
    \33\ See Securities Exchange Act Release No. 68086 (October 23, 
2012), 77 FR 65600 (October 29, 2012) (Order Approving File No. SR-
CBOE-2012-66); Securities Exchange Act Release No. 68478 (December 
19, 2012), 77 FR 76132 (December 26, 2012) (Notice of Filing and 
Immediate Effectiveness of File No. SR-BOX-2012-23); Securities 
Exchange Act Release No. 68398 (December 11, 2012), 77 FR 74700 
(December 17, 2012) (Notice of Filing and Immediate Effectiveness of 
File No. SR-ISE-2012-93); Securities Exchange Act Release No. 68293 
(November 27, 2012), 77 FR 71644 (December 3, 2012) (Notice of 
Filing and Immediate Effectiveness of File No. SR-Phlx-2012-132); 
Securities Exchange Act Release No. 68358 (December 5, 2012), 77 FR 
73708 (December 11, 2012) (Notice of Filing and Immediate 
Effectiveness of File No. SR-NYSE MKT-2012-71); Securities Exchange 
Act Release No. 68359 (December 5, 2012), 77 FR 73716 (December 11, 
2012) (Notice of Filing and Immediate Effectiveness of File No. SR-
NYSE Arca-2012-132) and Securities Exchange Act Release No. 69457 
(April 25, 2013), 78 FR 25502 (May 1, 2013) (Notice of Filing and 
Immediate Effectiveness of File No. SR-MIAX-2013-17).
    \34\ See Securities Exchange Act Release No. 44994 (October 26, 
2001), 66 FR 55722 (November 2, 2001) (Order Approving File No. SR-
CBOE-2001-22) and Securities Exchange Act Release No. 52650 (October 
21, 2005), 70 FR 62147 (October 28, 2005) (Order Approving File No. 
SR-CBOE-2005-41) (``NDX Approval'').
    \35\ See NDX Approval at 62149.
---------------------------------------------------------------------------

    Furthermore, the proposed position limits would continue to address 
potential manipulative activity while allowing for potential hedging 
activity for appropriate economic purposes. The creation and redemption 
process for these ETFs also lessens the potential for manipulative 
activity. When an ETF company wants to create more ETF shares, it looks 
to an Authorized Participant, which is a market maker or other large 
financial institution, to acquire the securities the ETF is to hold. 
For instance, IWM is designed to track the performance of the Russell 
2000 Index. The Authorized Participant will purchase all the Russell 
2000 constituent securities in the exact same weight as the index, then 
deliver those shares to the ETF provider. In exchange, the ETF provider 
gives the Authorized Participant a block of equally valued ETF shares, 
on a one-for-one fair value basis. The price is based on the net asset 
value, not the market value at which the ETF is trading. The creation 
of new ETF units can be conducted all trading day and is not subject to 
position limits. This process can also work in reverse where the ETF 
company seeks to decrease the number of shares that are available to 
trade. The creation and redemption process, therefore, creates a direct 
link to the underlying components of the ETF, and serves to mitigate 
potential price impact of the ETF shares that might otherwise result 
from increased position limits.
    The ETF creation and redemption process keeps ETF share prices 
trading in line with the ETF's underlying net asset value. Because an 
ETF trades like a stock, its price will fluctuate during the trading 
day, due to simple supply and demand. If demand to buy an ETF is high, 
for instance, the ETF's share price might rise above the value of its 
underlying securities. When this happens, an Authorized Participant can 
arbitrage this difference by buying the underlying shares that compose 
the ETF and then selling the ETF shares on the open market. This drives 
the ETF's share price back toward fair value. Likewise, if the ETF 
starts trading at a discount to the securities it holds, the Authorized 
Participant can buy shares of the ETF and redeem them for the 
underlying securities. Buying undervalued ETF shares drives the price 
of the ETF back toward fair value. This arbitrage process helps to keep 
an ETF's price in line with the value of its underlying portfolio.
    Lastly, the Commission expressed the belief that removing 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.\36\ FINRA's existing 
surveillance and reporting safeguards are designed to deter and detect 
possible manipulative behavior, which might arise from eliminating 
position and exercise limits.
---------------------------------------------------------------------------

    \36\ See NDX Approval at 62149.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.
Economic Impact Analysis
    FINRA has undertaken an economic impact assessment, as set forth 
below, to analyze the potential economic impacts, including anticipated 
costs, benefits, and distributional and competitive effects transfers 
of wealth, relative to the current baseline, and the alternatives FINRA 
considered in assessing how to best meet its regulatory objectives.
Regulatory Objective
    FINRA is proposing to amend Rule 2360 to harmonize FINRA's position 
limits for conventional options with the position limit for 
standardized options.\37\
---------------------------------------------------------------------------

    \37\ See note 8.
---------------------------------------------------------------------------

Economic Baseline
    Per FINRA Rule 2360(b)(30)(A)(iii) conventional equity options are 
subject to a basic position limit of 25,000 contracts or higher for 
conventional option contracts on securities that underlie exchange-
traded options qualifying for a higher tier as determined by option 
exchange rules. The existing position limits for conventional options 
on ETFs are: 900,000 contracts for SPY or QQQ, 500,000 contracts for 
IWM or EEM, and 250,000 contracts for FXI, EFA, EWZ, TLT, or EWJ. 
Option exchanges have recently increased (or in the case of SPY 
decreased from the pilot program) position limit options on several 
ETFs such as SPY, IWM, QQQ, EEM, FXI, EFA, EWZ, TLT, and EWJ.
Economic Impact
Benefits
    As noted above, the proposed rule change would amend Rule 2360 to 
harmonize FINRA's position limits for conventional options with the 
position limit for standardized options.\38\ For investors that short 
conventional equity options or buy them long, there is likely to be a 
natural size for an executed order that minimizes fixed and variable 
transaction costs, including but not limited to the bid-ask spread, 
price impact, and transaction fees. If the existing position limits for 
conventional equity options on select ETFs constrains the order size 
such that fixed and variable transaction costs are higher than optimal, 
then investors may benefit if the new position limit is no less than 
the natural size. In such an event, the cost to hedge an ETF would 
decline, thereby making it less costly to manage downside risk.
---------------------------------------------------------------------------

    \38\ See note 8.
---------------------------------------------------------------------------

    In addition, if the existing position limits serve as a constraint, 
then an

[[Page 47672]]

increase in the position limit for conventional options on select ETFs 
would permit investors to more easily find a counterparty. If the 
number of counterparties increases, then the cost of hedging should 
decline as the half-spread narrows, thereby making it less expensive to 
manage downside risk.
    The extent of the constraint imposed by the current limit on 
conventional options is related to the ability of an investor to 
achieve similar economic exposure through other means. If there are 
other securities, such as an option on a closely related index, that 
exist and provide similar economic exposure less expensively, then the 
value of lessening the position limit on conventional options on ETFs 
is lower. Members may rely on information and data feeds from the 
Options Clearing Corporation to assist in their monitoring position 
limits. Because position limits on the standardized and conventional 
side have traditionally been consistent, members have relied on this 
feed for both standardized and conventional options. If the position 
limits between standardized and conventional options are conformed, 
then the cost from monitoring position limits should decline for member 
firms.
Cost
    The proposed rule change may impose limited operational cost on 
member firms that trade conventional options on ETFs, as these same 
firms would need to revise position limits that are used in trading 
systems. However, the proposed rule change should not impose additional 
costs, because it is difficult to disrupt or manipulate the underlying 
market, create an incentive to disrupt or manipulate the underlying 
market for the purpose of profiting from the options position, or 
disrupt or manipulate the options market for conventional options on 
ETFs affected by this proposed rule. ETFs that underlie options subject 
to the proposed rule change are highly liquid, and are based on a broad 
set of highly liquid securities, which makes the market difficult to 
manipulate or disrupt. In fact, options on certain broad-based security 
indexes have no position limits. Furthermore, the creation and 
redemption process for these ETFs reduces the potential for disruptive 
or manipulative activity. New ETF units may be created at any time 
during the trading day and are not subject to position limits. 
Consequently, there is a direct link between the underlying components 
of the ETF and the ETF, which keeps ETF share prices trading in line 
with the ETF's underlying net asset value.
Alternatives
    No further alternatives are under consideration.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days after the date of the filing, or such 
shorter time as the Commission may designate if consistent with the 
protection of investors and the public interest, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \39\ and Rule 19b-
4(f)(6) \40\ thereunder.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(3)(A).
    \40\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and the text of 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. FINRA has satisfied this requirement.
---------------------------------------------------------------------------

    FINRA has asked the Commission to waive the 30-day operative delay 
so that FINRA may immediately harmonize position limits with those of 
other self-regulatory organizations to ensure consistent regulation. 
For this reason, the Commission believes that waiving the 30-day 
operative delay is consistent with the protection of investors and the 
public interest. Therefore, the Commission hereby waives the operative 
delay and designates the proposal operative upon filing.\41\
---------------------------------------------------------------------------

    \41\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-FINRA-2018-034 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2018-034. 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 such filing also will be available for inspection 
and copying at the principal office of FINRA. 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-FINRA-2018-034, and should be submitted 
on or before October 11, 2018.
---------------------------------------------------------------------------

    \42\ 17 CFR 200.30-3(a)(12).


[[Page 47673]]


---------------------------------------------------------------------------

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\42\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20435 Filed 9-19-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              47666                           Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              potential risk presented by this product,                             For the Commission, by the Division of                             position limit for conventional options
                                              collect financial resources in proportion                           Trading and Markets, pursuant to delegated                           on the following exchange-traded funds
                                                                                                                  authority.16                                                         (‘‘ETF’’): The Standard and Poor’s
                                              to such risk, and liquidate this product
                                              in the event of a CP default, all of which                          Eduardo A. Aleman,                                                   Depositary Receipts Trust (‘‘SPY’’),
                                              should help ensure ICC’s ability to                                 Assistant Secretary.                                                 iShares Russell 2000 ETF (‘‘IWM’’),
                                              maintain the financial resources it needs                           [FR Doc. 2018–20434 Filed 9–19–18; 8:45 am]                          PowerShares QQQ Trust (‘‘QQQ’’),
                                              to provide its critical services and                                BILLING CODE 8011–01–P                                               iShares MSCI Emerging Markets ETF
                                              function as a central counter party,                                                                                                     (‘‘EEM’’), iShares China Large-Cap ETF
                                              thereby promoting the prompt and                                                                                                         (‘‘FXI’’), iShares MSCI EAFE ETF
                                                                                                                  SECURITIES AND EXCHANGE                                              (‘‘EFA’’), iShares MSCI Brazil Capped
                                              accurate settlement of EM Contracts and                             COMMISSION
                                              other credit default swap transactions.                                                                                                  ETF (‘‘EWZ’’), iShares 20+ Year
                                              For the same reasons, the Commission                                [Release No. 34–84127; File No. SR–FINRA–                            Treasury Bond Fund ETF (‘‘TLT’’), and
                                                                                                                  2018–034]                                                            iShares MSCI Japan ETF (‘‘EWJ’’).
                                              believes that the rule change would help
                                              assure the safeguarding of securities or                                                                                                    Below is the text of the proposed rule
                                                                                                                  Self-Regulatory Organizations;                                       change. Proposed new language is in
                                              funds in the custody or control of ICC,                             Financial Industry Regulatory
                                              and would be consistent with the                                                                                                         italics; proposed deletions are in
                                                                                                                  Authority, Inc.; Notice of Filing and                                brackets.
                                              protection of investors and the public                              Immediate Effectiveness of a Proposed
                                              interest.                                                           Rule Change To Amend Rule 2360                                       *     *      *     *    *
                                                 Therefore, the Commission finds that                             (Options) To Increase Position Limits                                2360. Options
                                              acceptance of the additional EM                                     on Options on Certain Exchange-
                                                                                                                  Traded Funds                                                            (a) No Change.
                                              Contract, on the terms and conditions
                                              set out in ICC’s Rules, is consistent with                          September 14, 2018.                                                  (b) Requirements
                                              the prompt and accurate clearance and                                  Pursuant to Section 19(b)(1) of the                                  (1) through (2) No Change.
                                              settlement of securities transactions and                           Securities Exchange Act of 1934
                                              derivative agreements, contracts, and                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                              (3) Position Limits
                                              transactions cleared by ICC, the                                    notice is hereby given that on August
                                                                                                                                                                                         (A) Stock Options—
                                              safeguarding of securities and funds in                             31, 2018, Financial Industry Regulatory
                                              the custody or control of ICC, and the                              Authority, Inc. (‘‘FINRA’’) filed with the                             (i) through (ii) No Change.
                                              protection of investors and the public                              Securities and Exchange Commission                                     (iii) Conventional Equity Options
                                              interest, within the meaning of Section                             (‘‘SEC’’ or ‘‘Commission’’) the proposed                               a. For purposes of this paragraph (b),
                                              17A(b)(3)(F) of the Act.12                                          rule change as described in Items I and                              standardized equity option contracts of
                                                                                                                  II below, which Items have been                                      the put class and call class on the same
                                              IV. Conclusion                                                      prepared by FINRA. FINRA has                                         side of the market overlying the same
                                                                                                                  designated the proposed rule change as                               security shall not be aggregated with
                                                On the basis of the foregoing, the
                                                                                                                  constituting a ‘‘non-controversial’’ rule                            conventional equity option contracts or
                                              Commission finds that the proposed
                                                                                                                  change under paragraph (f)(6) of Rule                                FLEX Equity Option contracts overlying
                                              rule change is consistent with the                                  19b–4 under the Act,3 which renders
                                              requirements of the Act and in                                                                                                           the same security on the same side of
                                                                                                                  the proposal effective upon receipt of                               the market. Conventional equity option
                                              particular with the requirements of                                 this filing by the Commission. The
                                              Section 17A of the Act,13 and the rules                                                                                                  contracts of the put class and call class
                                                                                                                  Commission is publishing this notice to                              on the same side of the market overlying
                                              and regulations thereunder.                                         solicit comments on the proposed rule                                the same security shall be subject to a
                                                It is therefore ordered pursuant to                               change from interested persons.                                      position limit of:
                                              Section 19(b)(2) of the Act 14 that the                             I. Self-Regulatory Organization’s                                      1. through 5. No Change.
                                              proposed rule change (SR–ICC–2018–                                  Statement of the Terms of the Substance
                                              007) be, and hereby is, approved.15                                                                                                        6. for selected conventional options
                                                                                                                  of the Proposed Rule Change                                          on exchange-traded funds (‘‘ETF’’), the
                                                                                                                     FINRA is proposing to amend FINRA                                 position limits are listed in the chart
                                                                                                                  Rule 2360 (Options) to increase the                                  below:

                                                                                                  Security underlying option                                                                                 Position limit

                                              The DIAMONDS Trust (DIA) ....................................................................................................................   300,000 contracts.
                                              The Standard and Poor’s Depositary Receipts Trust (SPY) ...................................................................                     [900,000]1,800,000   contracts.
                                              The iShares Russell 2000 [Index Fund]ETF (IWM) .................................................................................                [500,000]1,000,000   contracts.
                                              The PowerShares QQQ Trust (QQQ[Q]) .................................................................................................            [900,000]1,800,000   contracts.
                                              The iShares MSCI Emerging Markets [Index Fund]ETF (EEM) ..............................................................                          [500,000]1,000,000   contracts.
                                              iShares China Large-Cap ETF (FXI) .......................................................................................................       500,000 contracts.
                                              iShares MSCI EAFE ETF (EFA) ..............................................................................................................      500,000 contracts.
                                              iShares MSCI Brazil Capped ETF (EWZ) ................................................................................................           500,000 contracts.
                                              iShares 20+ Year Treasury Bond Fund ETF (TLT) .................................................................................                 500,000 contracts.
                                              iShares MSCI Japan ETF (EWJ) .............................................................................................................      500,000 contracts.
amozie on DSK3GDR082PROD with NOTICES1




                                                12 15 U.S.C. 78q–1(b)(3)(F).                                         15 In approving the proposed rule change, the                        16 17 CFR 200.30–3(a)(12).
                                                13 15 U.S.C. 78q–1.                                               Commission considered the proposal’s impact on                          1 15 U.S.C. 78s(b)(1).
                                                14 15 U.S.C. 78s(b)(2).                                           efficiency, competition, and capital formation. 15                      2 17 CFR 240.19b–4.

                                                                                                                  U.S.C. 78c(f).                                                          3 17 CFR 240.19b–4(f)(6).




                                         VerDate Sep<11>2014       18:01 Sep 19, 2018       Jkt 244001     PO 00000      Frm 00067      Fmt 4703     Sfmt 4703     E:\FR\FM\20SEN1.SGM            20SEN1


                                                                       Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                                    47667

                                                  b. No Change.                                       particular equity option is the                           The proposed rule change would
                                                  (B) through (D) No Change.                          applicable position limit for purposes of              amend the table provided in Rule
                                                  (4) through (24) No Change.                         Rule 2360.6 Rule 2360(b)(3)(A)(iii)                    2360(b)(3)(A)(iii)a.6. as follows:
                                                  (c) No Change.                                      provides that conventional equity                         • The position limits for options on
                                              • • • Supplementary Material:——                         options are subject to a basic position                SPY would be increased from 900,000
                                                                                                      limit of 25,000 contracts or a higher tier             contracts to 1,800,000 contracts;
                                                  .01 through .03 No Change.                          for conventional option contracts on                      • The position limit for options on
                                              *       *    *    *    *                                securities that underlie exchange-traded               IWM would be increased from 500,000
                                                                                                      options qualifying for such higher tier as             contracts to 1,000,000 contracts;
                                              II. Self-Regulatory Organization’s
                                              Statement of the Purpose of, and
                                                                                                      determined by the rules of the options                    • The position limit for options on
                                                                                                      exchanges. In addition, FINRA lists                    QQQ would be increased from 900,000
                                              Statutory Basis for, the Proposed Rule                  position limits for options on securities
                                              Change                                                                                                         contracts to 1,800,000 contracts; and
                                                                                                      that have higher position limits—                         • The position limit for options on
                                                In its filing with the Commission,                    currently, only the ETFs listed in Rule                EEM would be increased from 500,000
                                              FINRA included statements concerning                    2360(b)(3)(A)(iii)a.6.—that also                       contracts to 1,000,000 contracts.
                                              the purpose of and basis for the                        generally mirror the options exchange                     In addition, the proposed rule change
                                              proposed rule change and discussed any                  position limits.7 At this time, FINRA                  would add to the table provided in Rule
                                              comments it received on the proposed                    proposes to conform to the options                     2360(b)(3)(A)(iii)a.6. as follows, with the
                                              rule change. The text of these statements               exchanges’ recent amendments that                      effect of each ETF being increased from
                                              may be examined at the places specified                 increased (or in the case of SPY                       the current position limit of 250,000
                                              in Item IV below. FINRA has prepared                    decreased from the pilot program) the                  contracts:
                                              summaries, set forth in sections A, B,                  position limit options on the following                   • The position limit for options on
                                              and C below, of the most significant                    ETFs: SPY, IWM, QQQ, EEM, FXI, EFA,                    FXI would be increased to 500,000
                                              aspects of such statements.                             EWZ, TLT and EWJ.8                                     contracts;
                                              A. Self-Regulatory Organization’s                                                                                 • The position limit for options on
                                                                                                         6 See e.g., CBOE Rule 4.11; ISE Rule 412;
                                              Statement of the Purpose of, and                                                                               EFA would be increased to 500,000
                                                                                                      NASDAQ PHLX Rule 1001; NYSE American Rule
                                              Statutory Basis for, the Proposed Rule                  904; NYSE Arca Rule 6.8; MIAX Rule 307; BOX            contracts;
                                              Change                                                  Rule 3120 and IM–3120–2; Nasdaq Chapter III,              • The position limit for options on
                                                                                                      Section 7; BX Chapter III, Section 7; and BZX Rule     EWZ would be increased to 500,000
                                              1. Purpose                                              18.7.                                                  contracts;
                                                                                                         7 The options exchanges have recently revised the
                                                FINRA Rule 2360(b)(3)(A) imposes a                    position limit on SPY options to 1,800,000 contracts      • The position limit for options on
                                              position limit on the number of equity                  after expiration of a pilot program on July 12, 2018   TLT would be increased to 500,000
                                              options contracts in each class on the                  that eliminated position limits on SPY options.        contracts; and
                                              same side of the market that can be held
                                                                                                      FINRA retained its position for conventional              • The position limit for options on
                                                                                                      options on SPY at 900,000 contracts. The proposed
                                              or written by a member, a person                        rule change proposes to increase the position limit    EWJ would be increased to 500,000
                                              associated with a member, or a customer                 on SPY to 1,800,000 consistent with the options        contracts.9
                                              or a group of customers acting in                       exchanges updating the position limit on SPY to           In support of the proposed rule
                                                                                                      1,800,000 contracts. See Securities Exchange Act       change, as noted by Cboe, position
                                              concert. Position limits are intended to                Release No. 83349 (May 30, 2018), 83 FR 26123
                                              prevent the establishment of options                    (June 5, 2018) (Notice of Filing and Immediate         limits are determined by the option
                                              positions that can be used to manipulate                Effectiveness of File No. SR–MIAX–2018–11). See        exchange’s requirements according to
                                              or disrupt the underlying market or                     also Securities Exchange Act Release No. 83412         the number of outstanding shares and
                                                                                                      (June 12, 2018), 83 FR 28298 (June 18, 2018) (Notice   the trading volume of the underlying
                                              might create incentives to manipulate or                of Filing and Immediate Effectiveness of File No.
                                              disrupt the underlying market so as to                  SR–PHLX–2018–44); Securities Exchange Act              ETF over the past six months.10 The
                                              benefit the options position. In addition,              Release No. 83414 (June 12, 2018), 83 FR 28296         ETFs that underlie options subject to the
                                              position limits serve to reduce the                     (June 18, 2018) (Notice of Filing and Immediate        proposed rule change are highly liquid,
                                                                                                      Effectiveness of File No. SR–BOX–2018–22);             and are based on a broad set of highly
                                              potential for disruption of the options                 Securities Exchange Act Release No. 83415 (June
                                              market itself, especially in illiquid                   12, 2018), 83 FR 28274 (June 18, 2018) (Notice of      liquid securities and other reference
                                              options classes.4 This consideration has                Filing and Immediate Effectiveness of File No. SR–     assets. The above listed ETFs are listed
                                              been balanced by the concern that the                   CBOE–2018–042); Securities Exchange Act Release        on various national securities exchanges
                                                                                                      No. 83413 (June 12, 2018), 83 FR 28277 (June 18,       and meet their listing standards.
                                              limits ‘‘not be established at levels that              2018) (Notice of Filing and Immediate Effectiveness
                                              are so low as to discourage participation               of File No. SR–NYSEArca-2018–44); and Securities          FXI tracks the performance of the
                                              in the options market by institutions                   Exchange Act Release No. 83417 (June 12, 2018), 83     FTSE China 50 Index, which is
                                              and other investors with substantial                    FR 28279 (June 18, 2018) (Notice of Filing and         composed of the 50 largest Chinese
                                                                                                      Immediate Effectiveness of File No. SR–                stocks.11 EEM tracks the performance of
                                              hedging needs or to prevent specialists                 NYSEAMER–2018–26).
                                              and market makers from adequately                          8 See note 7 for discussion regarding position

                                              meeting their obligations to maintain a                 limits for options on SPY. See also Securities         18099 (April 25, 2018) (Notice of Filing and
                                                                                                      Exchange Act Release No. 82770 (February 23,           Immediate Effectiveness of File No. SR–NYSEArca-
                                              fair and orderly market.’’ 5                                                                                   2018–23) and Securities Exchange Act Release No.
                                                                                                      2018), 83 FR 8907 (March 1, 2018) (Order Granting
                                                Rule 2360(b)(3)(A)(i) does not                        Accelerated Approval of File No. SR–CBOE–2017–         83065 (April 19, 2018), 83 FR 18093 (April 25,
                                              independently establish a position limit                057). See also Securities Exchange Act Release No.     2018) (Notice of Filing and Immediate Effectiveness
                                              for standardized equity options. Rather,                82931 (March 22, 2018), 83 FR 13323 (March 28,         of File No. SR–NYSEAMER–2018–14).
                                                                                                                                                               9 The proposed rule filing would also make
                                              the position limit established by the                   2018) (Notice of Filing and Immediate Effectiveness
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      of File No. SR–MIAX–2018–10); Securities               certain wording changes to the listing of the names
                                              rules of an options exchange for a                      Exchange Act Release No. 82930 (March 22, 2018),       of the ETFs and change in two places ‘‘Index Fund’’
                                                                                                      83 FR 13330 (March 28, 2018) (Notice of Filing and     to ‘‘ETF’’. The proposed rule filing would also
                                                 4 See Securities Exchange Act Release No. 40969
                                                                                                      Immediate Effectiveness of File No. SR–BOX–2018–       revise the symbol of The PowerShares QQQ Trust
                                              (January 22, 1999), 64 FR 4911, 4912–4913               10); Securities Exchange Act Release No. 82932         to ‘‘QQQ.’’
                                              (February 1, 1999) (Order Approving File No. SR–        (March 22, 2018), 83 FR 13316 (March 28, 2018)           10 See for example, Cboe Rule 4.11 Interpretations

                                              CBOE–98–23) (citing H.R. No. IFC–3, 96th Cong.,         (Notice of Filing and Immediate Effectiveness of       and Policies: .02.
                                              1st Sess. at 189–91 (Comm. Print 1978)).                File No. SR–PHLX–2018–24); Securities Exchange           11 See https://www.ishares.com/us/products/
                                                 5 Id. at 4913.                                       Act Release No. 83066 (April 19, 2018), 83 FR          239536/ishares-china-largecap-etf.



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                                              47668                               Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              the MSCI Emerging Markets Index,                                             in Europe, Australia and the Far East,                          EWJ tracks the MSCI Japan Index, which
                                              which is composed of approximately                                           excluding the U.S. and Canada.15 EWZ                            tracks the performance of large and mid-
                                              800 component securities from                                                tracks the performance of the MSCI                              sized companies in Japan.19 SPY tracks
                                              emerging market countries from all over                                      Brazil 25/50 Index, which is composed                           the performance of the S&P 500® Index,
                                              the world.12 IWM tracks the                                                  of shares of large and mid-size                                 which is an index of diversified large
                                              performance of the Russell 2000 Index,                                       companies in Brazil.16 TLT tracks the                           cap U.S. companies.20
                                              which is composed of 2,000 small-cap                                         performance of ICE U.S. Treasury 20+
                                              domestic stocks.13 EFA tracks the                                            Year Bond Index, which is composed of                              In support of this proposal, all trading
                                              performance of MSCI EAFE Index,                                              long-term U.S. Treasury bonds.17 QQQ                            and other statistics, except SPY which
                                              which has over 900 component                                                 tracks the performance of the Nasdaq-                           were compiled by FINRA, have been
                                              securities.14 The MSCI EAFE Index is                                         100 Index, which is composed of 100 of                          compiled by Cboe as of the dates
                                              designed to represent the performance                                        the largest domestic and international                          provided by Cboe and provided in its
                                              of large and mid-cap securities across 21                                    non-financial companies listed on the                           proposed rule change to increase the
                                              developed markets, including countries                                       Nasdaq Stock Market LLC (‘‘Nasdaq’’).18                         applicable positions limits: 21

                                                                                                                                                                                           2017 ADV            Shares           Fund market
                                                                                                                                                                         2017 ADV
                                                                                                      ETF                                                                                   (option          outstanding            cap.
                                                                                                                                                                        (mil. shares)      contracts)           (mil.)             ($mil.)

                                              FXI ...................................................................................................................            15.08          71,944                78.6           $3,343.6
                                              EEM .................................................................................................................              52.12         287,357               797.4           34,926.1
                                              IWM ..................................................................................................................             27.46         490,070               253.1           35,809.1
                                              EFA ..................................................................................................................             19.42          98,844              1178.4           78,870.3
                                              EWZ .................................................................................................................              17.08          95,152               159.4            6,023.4
                                              TLT ...................................................................................................................             8.53          80,476                60.0            7,442.4
                                              QQQ .................................................................................................................              26.25         579,404               351.6           50,359.7
                                              EWJ .................................................................................................................               6.06           4,715               303.6           16,625.1
                                              SPY ..................................................................................................................             64.63       2,575,153              976.23          240,540.0



                                                 FINRA agrees as proposed by Cboe                                          position limits reflecting notional values                         For example, the PowerShares QQQ
                                              that the liquidity in the underlying                                         that are larger than the current position                       Trust or QQQ is an ETF that tracks the
                                              ETFs, and the liquidity in the ETF                                           limits for ETF analogues (EEM and                               Nasdaq 100 Index or NDX, which is an
                                              options support its request to increase                                      EFA). Where there was no approved                               index composed of 100 of the largest
                                              the position limits for the options                                          index analogue, FINRA believes, based                           non-financial securities listed on the
                                              subject to the proposed rule change. As                                      on the liquidity, breadth and depth of                          Nasdaq Stock Market LLC (‘‘Nasdaq’’).
                                              to the underlying ETF shares, the                                            the underlying market, that the index                           Options on NDX are currently subject to
                                              average daily trading volume across all                                      referenced by the ETF would be                                  no position limits but share similar
                                              exchanges for the period of January 1 to                                     considered a broad-based index                                  trading characteristics as QQQ. Based
                                              July 31, 2017 was: (i) FXI–15.08 million                                     (example FXI and EWJ).22 FINRA                                  on QQQ’s share price of $154.5422 and
                                              shares; (ii) EEM–52.12 million shares;                                       believes that if certain position limits                        NDX’s index level of 6,339.14,
                                              (iii) IWM–27.46 million shares; (iv)                                         are appropriate for the options overlying                       approximately 40 contracts of QQQ
                                              EFA–19.42 million shares; (v) EWZ–                                                                                                           equals one contract of NDX. Assume
                                                                                                                           the same index, or an analogue to the
                                              17.08 million shares; (vi) TLT–8.53                                                                                                          that options on NDX are subject to the
                                                                                                                           basket of securities that the ETF tracks,
                                              million shares; (vii) QQQ– 26.25 million                                                                                                     standard position limit of 25,000
                                              shares; (vii) EWJ–6.06 million shares;                                       then those same economically                                    contracts for broad-based index options
                                              and (viii) SPY–64.63 million shares.                                         equivalent position limits should be                            under options exchange rules. Based on
                                                 In proposing the increased position                                       appropriate for the option overlying the                        the above comparison of notional
                                              limits, FINRA considered the                                                 ETF. In addition, the market                                    values, this would result in a position
                                              availability of economically equivalent                                      capitalization of the underlying index or                       limit equivalent to 1,000,000 contracts
                                              products and their respective position                                       reference asset is large enough to absorb                       for QQQ as NDX’s analogue. However,
                                              limits. For instance, some of the ETFs                                       any price movements that may be                                 options on NDX are not subject to
                                              underlying options subject to this                                           caused by an oversized trade. Also, the                         position limits and has an average daily
                                              proposal are based on broad-based                                            issuer may look to the stocks comprising                        trading volume of 15,300 contracts.
                                              indices that underlie cash-settled                                           the analogous underlying index or                               Options on QQQ are currently subject to
                                              options that are economically                                                reference asset when seeking to create                          a position limit of 900,000 contracts but
                                              equivalent to the ETF options that are                                       additional ETF shares which are part of                         has a much higher average daily trading
                                              the subject of this proposal and have no                                     the creation/redemption process to                              volume of 579,404 contracts.
                                              position limits (NDX and SPX). Other                                         address supply and demand or to                                 Furthermore, NDX currently has a
                                              ETFs are based on broad-based indexes                                        mitigate the price movement of the price                        market capitalization of $17.2 trillion
                                              that underlie cash-settled options with                                      of the ETF.                                                     and QQQ has a market capitalization of
amozie on DSK3GDR082PROD with NOTICES1




                                                12 See https://www.ishares.com/us/products/                                   17 See https://www.ishares.com/us/products/                    22 FINRA Rule 2360(b)(3)(B) establishes position

                                              239637/ishares-msci-emerging-markets-etf.                                    239454/.                                                        limits for index options by incorporating by
                                                13 See https://www.ishares.com/us/products/                                   18 See https://indexes.nasdaqomx.com/Index/
                                                                                                                                                                                           reference the position limit established by the
                                              239710/ishares-russell-2000-etf.                                             Overview/NDX.                                                   options exchange on which the option trades.
                                                14 See https://www.ishares.com/us/products/                                   19 See https://www.ishares.com/us/products/
                                                                                                                                                                                           Options exchanges establish rules for index options
                                              239623/.                                                                     239665/EWJ.                                                     based on the characteristic of the underlying index.
                                                15 See https://www.msci.com/eafe.                                             20 See https://us.spdrs.com/en/etf/spdr-sp-500-
                                                                                                                                                                                           See, e.g., Cboe Rule 24.4 and MIAX Rule 1804.
                                                16 See https://www.ishares.com/us/products/                                etf-SPY.
                                              239612/ishares-msci-brazil-capped-etf.                                          21 See note 8.




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                                                                       Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                           47669

                                              $50,359.7 million, and the component                    Russell 2000 index or RUT, which is an                has a market capitalization of $5.18
                                              securities of NDX, in aggregate, have                   index composed of 2,000 small-cap                     trillion and EEM has a market
                                              traded an average of 440 million shares                 domestic companies in the Russell 2000                capitalization of $34,926.1 million, and
                                              per day in 2017, both market                            index. Options on RUT are currently                   the component securities of MXEF, in
                                              capitalizations being large enough to                   subject to no position limits but share               aggregate, have traded an average of 33.6
                                              absorb any price movement caused by a                   similar trading characteristics as IWM.               billion shares per day in 2017, both
                                              large trade in the QQQ. The                             Based on IWM’s share price of $144.77                 large enough to absorb any price
                                              Commission has also approved no                         and RUT’s index level of 1,486.88,                    movement caused by a large trade in the
                                              position limit for options on NDX,                      approximately 10 contracts of IWM                     EEM. Therefore, based on the
                                              although it has a much lower daily                      equals one contract of RUT. Assume                    comparison of average daily trading
                                              trading volume than its analogue, the                   that options on RUT are subject to the                volume, FINRA believes it is reasonable
                                              QQQ. Therefore, FINRA believes it is                    standard position limit of 25,000                     to increase the position limit for options
                                              reasonable to increase the position limit               contracts for broad-based index options               on EEM from 500,000 to 1,000,000
                                              for options on QQQ from 900,000 to                      under options exchange rules. Based on                contracts.
                                              1,800,000 contracts.                                    the above comparison of notional                         EFA tracks the performance of the
                                                 The SPDR® S&P 500® ETF Trust or                      values, this would result in a position               MSCI EAFE Index or MXEA, which has
                                              SPY seeks to provide investment results                 limit equivalent to 250,000 contracts for             over 900 component securities designed
                                              that, before expenses, correspond                       options on IWM as RUT’s analogue.                     to represent the performance of large
                                              generally to the price and yield                        However, options on RUT are not                       and mid-cap securities across 21
                                              performance of the S&P 500® Index or                    subject to position limits and has an                 developed markets, including countries
                                              SPX, which is an index composed of                      average daily trading volume of 66,200                in Europe, Australia and the Far East,
                                              500 large-cap U.S. companies. Options                   contracts. Options on IWM are currently               excluding the U.S. and Canada. Below
                                              on the SPX have no position limits and                  subject to a position limit of 500,000                makes the same notional value
                                              share similar trading characteristics as                contracts but has a much higher average               comparison as made above. Based on
                                              SPY. Based on SPY’s price of $263.15                    daily trading volume of 490,070                       EFA’s share price of $69.16 and MXEA’s
                                              and SPX’s index level of 2640.87,                       contracts. The Commission has                         index level of 1,986.15, approximately
                                              approximately 10 contracts of SPY                       approved no position limit for options                29 contracts of EFA equals one contract
                                              equals one contract of SPX.23 Assume                    on RUT, although it has a much lower                  of MXEA. Assume options on MXEA are
                                              that options on SPX are subject to the                  average daily trading volume than its                 subject to the standard position limit of
                                              standard position limit of 25,000                       analogue, the IWM. Furthermore, RUT                   25,000 contracts for broad-based index
                                              contracts for broad-based index options                 currently has a market capitalization of              options under options exchange rules.
                                              under options exchange rules. Based on                  $2.4 trillion and IWM has a market                    Based on the above comparison of
                                              the above comparison of notional                        capitalization of $35,809.1 million, and              notional values, this would result in a
                                              values, this would result in a position                 the component securities of RUT, in                   position limit economically equivalent
                                              limit equivalent to 250,000 contracts for               aggregate, have traded an average of 270              to 721,000 contracts for EFA as MXEA’s
                                              options on SPY as SPX’s analogue.                       million shares per day in 2017, both                  analogue. Furthermore, MXEA currently
                                              However, options on SPX are not                         large enough to absorb any price                      has a market capitalization of $18.7
                                              subject to position limits and has an                   movement caused by a large trade in the               trillion and EFA has a market
                                              average daily trading volume of                                                                               capitalization of $78,870.3 million, and
                                                                                                      IWM. Therefore, FINRA believes it is
                                              1,101,185 contracts.24 Options on SPY                                                                         the component securities of MXEA, in
                                                                                                      reasonable to increase the position limit
                                              were recently changed to a position                                                                           aggregate, have traded an average of 4.6
                                                                                                      for options on IWM from 500,000 to
                                              limit of 1,800,000 contracts for                                                                              billion shares per day in 2017, both
                                                                                                      1,000,000 contracts.
                                              standardized options, but is currently                                                                        large enough to absorb any price
                                              subject to a conventional option                          EEM tracks the performance of the                   movement caused by a large trade in
                                              position limit of 900,000 contracts but                 MSCI Emerging Markets Index or MXEF,                  EFA. However, MXEA has an average
                                              has a much higher average daily trading                 which is composed of approximately                    daily trading volume of 270 contracts.
                                              volume of 2,575,153 contracts.25                        800 component securities from                         Options on EFA is currently subject to
                                              Furthermore, as of December 29, 2017,                   emerging market countries from all over               a position limit of 250,000 contracts but
                                              SPX had a market capitalization of $23.9                the world. Below makes the same                       has a much higher average daily trading
                                              trillion and SPY has a market                           notional value comparisons as made                    volume of 98,844 contracts. Based on
                                              capitalization of $277.54 billion, large                above. Based on EEM’s share price of                  the above comparisons, FINRA believes
                                              enough to absorb any price movement                     $47.06 and MXEF’s index level of                      it is reasonable to increase the position
                                              caused by a large trade in the SPY. The                 1,136.45, approximately 24 contracts of               limit for options on EFA from 250,000
                                              Commission has also approved no                         EEM equals one contract of MXEF.                      to 500,000 contracts.
                                              position limit for options on SPX,                      Assume that options on MXEF are                          FXI tracks the performance of the
                                              although it has a much lower daily                      subject to the standard position limit of             FTSE China 50 Index, which is
                                              trading volume than its analogue, the                   25,000 contracts for broad-based index                composed of the 50 largest Chinese
                                              SPY, for which the exchanges recently                   options under options exchange rules.                 stocks. There is currently no index
                                              changed the position limit to 1,800,000                 Based on the above comparison of                      analogue for FXI approved for options
                                              contracts. Therefore, FINRA believes it                 notional values, this would result in a               trading. Options on FXI are currently
                                              is reasonable to increase the position                  position limit economically equivalent                subject to a position limit of 250,000
                                              limits for options on SPY from 900,000                  to 604,000 contracts for options on EEM               contracts but has a much higher average
amozie on DSK3GDR082PROD with NOTICES1




                                              to 1,800,000 contracts.                                 as MXEF’s analogue. However, MXEF                     daily trading volume of 15.08 million
                                                 The iShares Russell 2000 ETF or                      has an average daily trading volume of                shares. However, the FTSE China 50
                                              IWM, is an ETF that also tracks the                     180 contracts. Options on EEM is                      Index currently has a market
                                                                                                      currently subject to a position limit of              capitalization of $1.7 trillion and FXI
                                                23 As of March 29, 2018.                              500,000 contracts but has a much higher               has a market capitalization of $2,623.18
                                                24 As of July 31, 2017.                               average daily trading volume of 287,357               million, both large enough to absorb any
                                                25 See note 7.                                        contracts. Furthermore, MXEF currently                price movement caused by a large trade


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                                              47670                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              in FXI. The components of the FTSE                      subject to a position limit of 250,000                 members to the extent of any margin
                                              China 50 Index, in aggregate, have an                   contracts and has an average daily                     deficiency resulting from the higher
                                              average daily trading volume of 2.3                     trading volume of 6.6 million shares.                  margin requirement.
                                              billion shares. Based on the above                      Based on the above comparisons, FINRA                     FINRA has filed the proposed rule
                                              comparisons, FINRA believes it is                       believes it is reasonable to increase the              change for immediate effectiveness and
                                              reasonable to increase the position limit               position limit for options on EWJ from                 has requested that the SEC waive the
                                              for options on FXI from 250,000 to                      250,000 to 500,000 contracts.                          requirement that the proposed rule
                                              500,000 contracts.                                         FINRA believes that increasing the                  change not become operative for 30 days
                                                 EWZ tracks the performance of the                    position limits for the conventional                   after the date of the filing, so FINRA can
                                              MSCI Brazil 25/50 Index, which is                       options subject to the proposed rule                   implement the proposed rule change
                                              composed of shares of large and mid-                    change would lead to a more liquid and                 immediately.
                                              size companies in Brazil. There is                      competitive market environment for
                                              currently no index analogue for EWZ                     these options, which will benefit                      2. Statutory Basis
                                              approved for options trading. Options                   customers interested in these products.                  FINRA believes that the proposed rule
                                              on EWZ are currently subject to a                                                                              change is consistent with the provisions
                                                                                                      Surveillance and Reporting
                                              position limit of 250,000 contracts but                                                                        of Section 15A(b)(6) of the Act,30 which
                                              the ETF has a much higher average daily                    Further, FINRA believes that the
                                                                                                      increased position limits provisions are               requires, among other things, that
                                              trading volume of 17.08 million shares.                                                                        FINRA rules must be designed to
                                              However, the MSCI Brazil 25/50 Index                    appropriate in light of the existing
                                                                                                      surveillance procedures and reporting                  prevent fraudulent and manipulative
                                              currently has a market capitalization of                                                                       acts and practices, to promote just and
                                              $700 billion and EWZ has a market                       requirements at FINRA,26 the options
                                                                                                      exchanges, and at the several clearing                 equitable principles of trade, and, in
                                              capitalization of $6,023.4 million, both                                                                       general, to protect investors and the
                                              large enough to absorb any price                        firms, which are capable of properly
                                                                                                      identifying unusual or illegal trading                 public interest. FINRA believes that the
                                              movement caused by a large trade in
                                                                                                      activity. These procedures use daily                   proposed rule change promotes
                                              EWZ. The components of the MSCI
                                                                                                      monitoring of market movements by                      consistent regulation by harmonizing
                                              Brazil 25/50 Index, in aggregate, have an
                                                                                                      automated surveillance techniques to                   position limits with those of the other
                                              average daily trading volume of 285
                                                                                                      identify unusual activity in both options              self-regulatory organizations. FINRA
                                              million shares. Based on the above
                                                                                                      and underlying stocks.27                               further believes that increasing the
                                              comparisons, FINRA believes it is
                                                                                                         In addition, large stock holdings must              position limit on conventional options
                                              reasonable to increase the position limit
                                                                                                      be disclosed to the Commission by way                  promotes consistent regulation by
                                              for options on EWZ from 250,000 to
                                                                                                      of Schedules 13D or 13G.28 Options                     harmonizing the position limit with its
                                              500,000 contracts.
                                                 TLT tracks the performance of the ICE                positions are part of any reportable                   standardized counterpart. In addition,
                                              U.S. Treasury 20+ Year Bond Index,                      positions and cannot legally be hidden.                FINRA believes the proposed rule
                                              which is composed of long-term U.S.                     Moreover, the previously noted Rule                    change will be beneficial to large market
                                              Treasury bonds. There is currently no                   2360(b)(5) requirement that members                    makers and institutions (which
                                              index analogue for TLT approved for                     must file reports with FINRA for any                   generally have the greatest ability to
                                              options trading. However, the U.S.                      customer that held aggregate large long                provide liquidity and depth in products
                                              Treasury market is one of the largest and               or short positions of any single class for             that may be subject to higher position
                                              most liquid markets in the world, with                  the previous day will continue to serve                limits as has been the case with recently
                                              over $14 trillion outstanding and                       as an important part of FINRA’s                        approved increased position limits),31
                                              turnover of approximately $500 billion                  surveillance efforts.                                  as well as retail traders and public
                                              per day. TLT currently has a market                        Finally, FINRA believes that the                    customers, by providing them with a
                                              capitalization of $7,442.4 million, both                current financial requirements imposed                 more effective trading and hedging
                                              large enough to absorb any price                        by FINRA and by the Commission                         vehicle. In addition, FINRA believes
                                              movement caused by a large trade in                     adequately address financial                           that the structure of the options subject
                                              TLT. Therefore, any potential for                       responsibility concerns that a member                  to the proposed rule change and the
                                              manipulation will not increase solely                   or its customer will maintain an                       considerable liquidity of the market for
                                              due to the increase in position limits as               inordinately large unhedged position in                those options diminishes the
                                              set forth in this proposal. Based on the                any option with a higher position limit.               opportunity to manipulate these
                                              above comparisons, FINRA believes it is                 Current margin and risk-based haircut                  products and disrupt the underlying
                                              reasonable to increase the position limit               methodologies serve to limit the size of               market that a lower position limit may
                                              for options on TLT from 250,000 to                      positions maintained by any one                        protect against.
                                              500,000 contracts.                                      account by increasing the margin or                      Increased position limits for select
                                                 EWJ tracks the MSCI Japan Index,                     capital that a member must maintain for                actively traded options, such as those
                                              which tracks the performance of large                   a large position. Under Rule                           proposed herein, is not novel and has
                                              and mid-sized companies in Japan.                       4210(f)(8)(A), FINRA also may impose a                 been previously approved by the
                                              There is currently no index analogue for                higher margin requirement upon a                       Commission. For example, the
                                              EWJ approved for options trading.                       member when FINRA determines a                         Commission has previously approved a
                                              However, the MSCI Japan Index has a                     higher requirement is warranted. In                    position limit of 1,800,000 contracts on
                                              market capitalization of $3.5 trillion and              addition, the Commission’s net capital                 options on SPY.32 Additionally, the
                                              EWJ has a market capitalization of                      rule 29 imposes a capital charge on                    Commission has approved similar
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                                              $16,625.1 million, and the component                                                                           proposed rule changes by the options
                                              securities of the MSCI Japan Index, in                    26 See Rule 2360(b)(5) for the options reporting
                                                                                                                                                             exchanges to increase position and
                                              aggregate, have traded an average of 1.1                requirements.
                                                                                                        27 These procedures have been effective for the
                                                                                                                                                             exercise limits for options on highly
                                              billion shares per day in 2017, both                    surveillance of options trading and will continue to
                                              large enough to absorb any price                        be employed.                                            30 15 U.S.C. 78o–3(b)(6).
                                              movement caused by a large trade in                       28 17 CFR 240.13d–1.                                  31 See note 8.
                                              EWJ. Options on EWJ is currently                          29 17 CFR 240.15c3–1.                                 32 See note 7.




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                                                                       Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                             47671

                                              liquid, actively-traded ETFs,33                         shares to the ETF provider. In exchange,              Economic Impact Analysis
                                              including a proposal to permanently                     the ETF provider gives the Authorized                    FINRA has undertaken an economic
                                              eliminate the position and exercise                     Participant a block of equally valued                 impact assessment, as set forth below, to
                                              limits for options overlaying the S&P                   ETF shares, on a one-for-one fair value               analyze the potential economic impacts,
                                              500 Index, S&P 100 Index, Dow Jones                     basis. The price is based on the net asset            including anticipated costs, benefits,
                                              Industrial Average, and Nasdaq 100                      value, not the market value at which the              and distributional and competitive
                                              Index.34 In approving the permanent                     ETF is trading. The creation of new ETF               effects transfers of wealth, relative to the
                                              elimination of position and exercise                    units can be conducted all trading day                current baseline, and the alternatives
                                              limits, the Commission relied heavily                   and is not subject to position limits.                FINRA considered in assessing how to
                                              upon surveillance capabilities, and the                 This process can also work in reverse                 best meet its regulatory objectives.
                                              Commission expressed trust in the                       where the ETF company seeks to
                                              enhanced surveillance and reporting                     decrease the number of shares that are                Regulatory Objective
                                              safeguards in order to detect and deter                 available to trade. The creation and                    FINRA is proposing to amend Rule
                                              possible manipulative behavior, which                   redemption process, therefore, creates a              2360 to harmonize FINRA’s position
                                              might arise from eliminating position                   direct link to the underlying                         limits for conventional options with the
                                              and exercise limits.35 Furthermore, as                  components of the ETF, and serves to                  position limit for standardized
                                              described more fully above, options on                  mitigate potential price impact of the                options.37
                                              other ETFs have the position limits                     ETF shares that might otherwise result
                                              proposed herein, but their trading                      from increased position limits.                       Economic Baseline
                                              volumes are significantly lower than the                                                                        Per FINRA Rule 2360(b)(30)(A)(iii)
                                              ETFs subject to the proposed rule                          The ETF creation and redemption
                                                                                                      process keeps ETF share prices trading                conventional equity options are subject
                                              change.                                                                                                       to a basic position limit of 25,000
                                                 Furthermore, the proposed position                   in line with the ETF’s underlying net
                                                                                                      asset value. Because an ETF trades like               contracts or higher for conventional
                                              limits would continue to address                                                                              option contracts on securities that
                                              potential manipulative activity while                   a stock, its price will fluctuate during
                                                                                                      the trading day, due to simple supply                 underlie exchange-traded options
                                              allowing for potential hedging activity                                                                       qualifying for a higher tier as
                                              for appropriate economic purposes. The                  and demand. If demand to buy an ETF
                                                                                                      is high, for instance, the ETF’s share                determined by option exchange rules.
                                              creation and redemption process for                                                                           The existing position limits for
                                              these ETFs also lessens the potential for               price might rise above the value of its
                                                                                                      underlying securities. When this                      conventional options on ETFs are:
                                              manipulative activity. When an ETF
                                                                                                      happens, an Authorized Participant can                900,000 contracts for SPY or QQQ,
                                              company wants to create more ETF
                                                                                                      arbitrage this difference by buying the               500,000 contracts for IWM or EEM, and
                                              shares, it looks to an Authorized
                                                                                                      underlying shares that compose the ETF                250,000 contracts for FXI, EFA, EWZ,
                                              Participant, which is a market maker or
                                                                                                      and then selling the ETF shares on the                TLT, or EWJ. Option exchanges have
                                              other large financial institution, to
                                                                                                      open market. This drives the ETF’s                    recently increased (or in the case of SPY
                                              acquire the securities the ETF is to hold.
                                                                                                      share price back toward fair value.                   decreased from the pilot program)
                                              For instance, IWM is designed to track
                                                                                                      Likewise, if the ETF starts trading at a              position limit options on several ETFs
                                              the performance of the Russell 2000
                                                                                                      discount to the securities it holds, the              such as SPY, IWM, QQQ, EEM, FXI,
                                              Index. The Authorized Participant will
                                              purchase all the Russell 2000                           Authorized Participant can buy shares                 EFA, EWZ, TLT, and EWJ.
                                              constituent securities in the exact same                of the ETF and redeem them for the                    Economic Impact
                                              weight as the index, then deliver those                 underlying securities. Buying
                                                                                                                                                            Benefits
                                                                                                      undervalued ETF shares drives the price
                                                33 See Securities Exchange Act Release No. 68086      of the ETF back toward fair value. This                  As noted above, the proposed rule
                                              (October 23, 2012), 77 FR 65600 (October 29, 2012)      arbitrage process helps to keep an ETF’s              change would amend Rule 2360 to
                                              (Order Approving File No. SR–CBOE–2012–66);                                                                   harmonize FINRA’s position limits for
                                              Securities Exchange Act Release No. 68478
                                                                                                      price in line with the value of its
                                              (December 19, 2012), 77 FR 76132 (December 26,          underlying portfolio.                                 conventional options with the position
                                              2012) (Notice of Filing and Immediate Effectiveness
                                                                                                         Lastly, the Commission expressed the               limit for standardized options.38 For
                                              of File No. SR–BOX–2012–23); Securities Exchange                                                              investors that short conventional equity
                                              Act Release No. 68398 (December 11, 2012), 77 FR        belief that removing position and
                                              74700 (December 17, 2012) (Notice of Filing and         exercise limits may bring additional                  options or buy them long, there is likely
                                              Immediate Effectiveness of File No. SR–ISE–2012–        depth and liquidity without increasing                to be a natural size for an executed order
                                              93); Securities Exchange Act Release No. 68293
                                                                                                      concerns regarding intermarket                        that minimizes fixed and variable
                                              (November 27, 2012), 77 FR 71644 (December 3,                                                                 transaction costs, including but not
                                              2012) (Notice of Filing and Immediate Effectiveness     manipulation or disruption of the
                                              of File No. SR–Phlx–2012–132); Securities               options or the underlying securities.36               limited to the bid-ask spread, price
                                              Exchange Act Release No. 68358 (December 5,             FINRA’s existing surveillance and                     impact, and transaction fees. If the
                                              2012), 77 FR 73708 (December 11, 2012) (Notice of
                                                                                                      reporting safeguards are designed to                  existing position limits for conventional
                                              Filing and Immediate Effectiveness of File No. SR–                                                            equity options on select ETFs constrains
                                              NYSE MKT–2012–71); Securities Exchange Act              deter and detect possible manipulative
                                              Release No. 68359 (December 5, 2012), 77 FR 73716       behavior, which might arise from                      the order size such that fixed and
                                              (December 11, 2012) (Notice of Filing and               eliminating position and exercise limits.             variable transaction costs are higher
                                              Immediate Effectiveness of File No. SR–NYSE                                                                   than optimal, then investors may benefit
                                              Arca–2012–132) and Securities Exchange Act              B. Self-Regulatory Organization’s                     if the new position limit is no less than
                                              Release No. 69457 (April 25, 2013), 78 FR 25502
                                              (May 1, 2013) (Notice of Filing and Immediate
                                                                                                      Statement on Burden on Competition                    the natural size. In such an event, the
                                                                                                                                                            cost to hedge an ETF would decline,
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                                              Effectiveness of File No. SR–MIAX–2013–17).
                                                34 See Securities Exchange Act Release No. 44994        FINRA does not believe that the                     thereby making it less costly to manage
                                              (October 26, 2001), 66 FR 55722 (November 2, 2001)      proposed rule change will result in any               downside risk.
                                              (Order Approving File No. SR–CBOE–2001–22) and          burden on competition that is not                        In addition, if the existing position
                                              Securities Exchange Act Release No. 52650 (October      necessary or appropriate in furtherance
                                              21, 2005), 70 FR 62147 (October 28, 2005) (Order                                                              limits serve as a constraint, then an
                                              Approving File No. SR–CBOE–2005–41) (‘‘NDX
                                                                                                      of the purposes of the Act.
                                              Approval’’).                                                                                                    37 See   note 8.
                                                35 See NDX Approval at 62149.                           36 See   NDX Approval at 62149.                       38 See   note 8.



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                                              47672                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices

                                              increase in the position limit for                      Alternatives                                              IV. Solicitation of Comments
                                              conventional options on select ETFs
                                              would permit investors to more easily                     No further alternatives are under                         Interested persons are invited to
                                              find a counterparty. If the number of                   consideration.                                            submit written data, views, and
                                              counterparties increases, then the cost                 C. Self-Regulatory Organization’s                         arguments concerning the foregoing,
                                              of hedging should decline as the half-                  Statement on Comments on the                              including whether the proposed rule
                                              spread narrows, thereby making it less                  Proposed Rule Change Received From                        change is consistent with the Act.
                                              expensive to manage downside risk.                      Members, Participants, or Others                          Comments may be submitted by any of
                                                 The extent of the constraint imposed                                                                           the following methods:
                                              by the current limit on conventional                      Written comments were neither
                                              options is related to the ability of an                 solicited nor received.                                   Electronic Comments
                                              investor to achieve similar economic                                                                                • Use the Commission’s internet
                                              exposure through other means. If there                  III. Date of Effectiveness of the
                                                                                                      Proposed Rule Change and Timing for                       comment form (http://www.sec.gov/
                                              are other securities, such as an option
                                              on a closely related index, that exist and              Commission Action                                         rules/sro.shtml); or
                                              provide similar economic exposure less                     Because the foregoing proposed rule                      • Send an email to rule-comments@
                                              expensively, then the value of lessening                change does not: (i) Significantly affect                 sec.gov. Please include File Number SR–
                                              the position limit on conventional                      the protection of investors or the public                 FINRA–2018–034 on the subject line.
                                              options on ETFs is lower. Members may                   interest; (ii) impose any significant
                                              rely on information and data feeds from                                                                           Paper Comments
                                                                                                      burden on competition; and (iii) become
                                              the Options Clearing Corporation to                     operative for 30 days after the date of                     • Send paper comments in triplicate
                                              assist in their monitoring position                     the filing, or such shorter time as the                   to Secretary, Securities and Exchange
                                              limits. Because position limits on the                  Commission may designate if consistent                    Commission, 100 F Street NE,
                                              standardized and conventional side                      with the protection of investors and the                  Washington, DC 20549–1090.
                                              have traditionally been consistent,                     public interest, it has become effective
                                              members have relied on this feed for                    pursuant to Section 19(b)(3)(A) of the                    All submissions should refer to File
                                              both standardized and conventional                      Act 39 and Rule 19b–4(f)(6) 40                            Number SR–FINRA–2018–034. This file
                                              options. If the position limits between                 thereunder.                                               number should be included on the
                                              standardized and conventional options                                                                             subject line if email is used. To help the
                                              are conformed, then the cost from                          FINRA has asked the Commission to                      Commission process and review your
                                              monitoring position limits should                       waive the 30-day operative delay so that
                                                                                                                                                                comments more efficiently, please use
                                              decline for member firms.                               FINRA may immediately harmonize
                                                                                                                                                                only one method. The Commission will
                                                                                                      position limits with those of other self-
                                              Cost                                                    regulatory organizations to ensure                        post all comments on the Commission’s
                                                 The proposed rule change may                         consistent regulation. For this reason,                   internet website (http://www.sec.gov/
                                              impose limited operational cost on                      the Commission believes that waiving                      rules/sro.shtml). Copies of the
                                              member firms that trade conventional                    the 30-day operative delay is consistent                  submission, all subsequent
                                              options on ETFs, as these same firms                    with the protection of investors and the                  amendments, all written statements
                                              would need to revise position limits that               public interest. Therefore, the                           with respect to the proposed rule
                                              are used in trading systems. However,                   Commission hereby waives the                              change that are filed with the
                                              the proposed rule change should not                     operative delay and designates the                        Commission, and all written
                                              impose additional costs, because it is                  proposal operative upon filing.41                         communications relating to the
                                              difficult to disrupt or manipulate the                     At any time within 60 days of the                      proposed rule change between the
                                              underlying market, create an incentive                  filing of the proposed rule change, the                   Commission and any person, other than
                                              to disrupt or manipulate the underlying                 Commission summarily may                                  those that may be withheld from the
                                              market for the purpose of profiting from                temporarily suspend such rule change if                   public in accordance with the
                                              the options position, or disrupt or                     it appears to the Commission that such                    provisions of 5 U.S.C. 552, will be
                                              manipulate the options market for                       action is necessary or appropriate in the                 available for website viewing and
                                              conventional options on ETFs affected                   public interest, for the protection of                    printing in the Commission’s Public
                                              by this proposed rule. ETFs that                        investors, or otherwise in furtherance of                 Reference Room, 100 F Street NE,
                                              underlie options subject to the proposed                the purposes of the Act. If the                           Washington, DC 20549 on official
                                              rule change are highly liquid, and are                  Commission takes such action, the                         business days between the hours of
                                              based on a broad set of highly liquid
                                                                                                      Commission shall institute proceedings                    10:00 a.m. and 3:00 p.m. Copies of such
                                              securities, which makes the market
                                                                                                      to determine whether the proposed rule                    filing also will be available for
                                              difficult to manipulate or disrupt. In
                                                                                                      should be approved or disapproved.                        inspection and copying at the principal
                                              fact, options on certain broad-based
                                              security indexes have no position limits.                                                                         office of FINRA. All comments received
                                              Furthermore, the creation and
                                                                                                        39 15  U.S.C. 78s(b)(3)(A).                             will be posted without change. Persons
                                                                                                        40 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                              redemption process for these ETFs                                                                                 submitting comments are cautioned that
                                                                                                      4(f)(6)(iii) requires a self-regulatory organization to
                                              reduces the potential for disruptive or                 give the Commission written notice of its intent to
                                                                                                                                                                we do not redact or edit personal
                                              manipulative activity. New ETF units                    file the proposed rule change, along with a brief         identifying information from comment
                                              may be created at any time during the                   description and the text of the proposed rule             submissions. You should submit only
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                                                                                                      change, at least five business days prior to the date     information that you wish to make
                                              trading day and are not subject to                      of filing of the proposed rule change, or such
                                              position limits. Consequently, there is a               shorter time as designated by the Commission.             available publicly. All submissions
                                              direct link between the underlying                      FINRA has satisfied this requirement.                     should refer to File Number SR–FINRA–
                                              components of the ETF and the ETF,                         41 For purposes only of waiving the 30-day
                                                                                                                                                                2018–034, and should be submitted on
                                                                                                      operative delay, the Commission has also                  or before October 11, 2018.
                                              which keeps ETF share prices trading in                 considered the proposed rule’s impact on
                                              line with the ETF’s underlying net asset                efficiency, competition, and capital formation. See
                                              value.                                                  15 U.S.C. 78c(f).                                          42 17   CFR 200.30–3(a)(12).



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                                                                             Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Notices                                                  47673

                                                For the Commission, by the Division of                                                                  Percent     Advisory Committee Act (5 U.S.C.,
                                              Trading and Markets, pursuant to delegated                                                                            Appendix 2), SBA announces the
                                              authority.42                                                   For Economic Injury:                                   meeting of the AFMAC. The AFMAC is
                                              Eduardo A. Aleman,                                                Non-Profit Organizations with-                      tasked with providing recommendation
                                              Assistant Secretary.                                                out Credit Available Else-                        and advice regarding the Agency’s
                                                                                                                  where ..................................... 2.500 financial management, including the
                                              [FR Doc. 2018–20435 Filed 9–19–18; 8:45 am]
                                              BILLING CODE 8011–01–P                                                                                                financial reporting process, systems of
                                                                                                                The number assigned to this disaster
                                                                                                                                                                    internal controls, and audit process and
                                                                                                             for physical damage is 156906 and for
                                                                                                                                                                    process for monitoring compliance with
                                                                                                             economic injury is 156910.
                                              SMALL BUSINESS ADMINISTRATION                                                                                         relevant law and regulations.
                                                                                                             (Catalog of Federal Domestic Assistance                   The purpose of the meeting is to
                                              [Disaster Declaration #15690 and #15691;                       Number 59008)                                          discuss the SBA’s Financial Reporting,
                                              ALASKA Disaster Number AK–00039]
                                                                                                             James Rivera,                                          Audit Findings Remediation, Ongoing
                                              Presidential Declaration of a Major                            Associate Administrator for Disaster                   OIG Audits including the Information
                                              Disaster for Public Assistance Only for                        Assistance.                                            Technology Audit, FMFIA Assurance/
                                              the State of ALASKA                                            [FR Doc. 2018–20407 Filed 9–19–18; 8:45 am]            A–123 Internal Control Program, Credit
                                                                                                             BILLING CODE 8025–01–P
                                                                                                                                                                    Modeling, Performance Management,
                                              AGENCY: U.S. Small Business                                                                                           Acquisition Division Update, Improper
                                              Administration.                                                                                                       Payments and current initiatives.
                                              ACTION: Notice.                                                SMALL BUSINESS ADMINISTRATION                          Timothy Gribben,
                                              SUMMARY:    This is a Notice of the                            Audit and Financial Management                        Chief Financial Officer and Associate
                                              Presidential declaration of a major                            Advisory Committee (AFMAC)                            Administrator, Office of Performance
                                                                                                                                                                   Management and Chief Financial Officer.
                                              disaster for Public Assistance Only for
                                              the State of ALASKA (FEMA—4391—                                AGENCY: U.S. Small Business                           [FR Doc. 2018–20493 Filed 9–19–18; 8:45 am]
                                                                                                             Administration.                                       BILLING CODE 8025–01–P
                                              DR), dated 09/05/2018.
                                                 Incident: Flooding.                                         ACTION: Notice of open Federal Advisory
                                                 Incident Period: 05/11/2018 through                         committee meeting.
                                              05/13/2018.                                                                                                          SMALL BUSINESS ADMINISTRATION
                                                                                                                    The SBA is issuing this notice
                                                                                                             SUMMARY:
                                              DATES: Issued on 09/05/2018.                               to announce the location, date, time and                  [Disaster Declaration #15688 and #15689;
                                                 Physical Loan Application Deadline                      agenda for the next meeting of the Audit                  MINNESOTA Disaster Number MN–00063]
                                              Date: 11/05/2018.                                          and Financial Management Advisory
                                                 Economic Injury (EIDL) Loan                                                                                       Presidential Declaration of a Major
                                                                                                         Committee (AFMAC). The meeting will
                                              Application Deadline Date: 06/05/2019.                                                                               Disaster for Public Assistance Only for
                                                                                                         be open to the public.
                                                                                                                                                                   the State of Minnesota
                                              ADDRESSES: Submit completed loan                           DATES: The meeting will be held on
                                              applications to: U.S. Small Business                       Wednesday, October 31, 2018, starting                     AGENCY: U.S. Small Business
                                              Administration, Processing and                             at 2:00 p.m. until approximately 4:00                     Administration.
                                              Disbursement Center, 14925 Kingsport                       p.m. Eastern time.                                        ACTION: Notice.
                                              Road, Fort Worth, TX 76155.                                ADDRESSES: The meeting will be held at
                                              FOR FURTHER INFORMATION CONTACT: A.                        the U.S. Small Business Administration,                   SUMMARY:   This is a Notice of the
                                              Escobar, Office of Disaster Assistance,                    409 3rd Street SW, Office of                              Presidential declaration of a major
                                              U.S. Small Business Administration,                        Performance Management and Chief                          disaster for Public Assistance Only for
                                              409 3rd Street SW, Suite 6050,                             Financial Officer Conference Room, 6th                    the State of Minnesota (FEMA–4390–
                                              Washington, DC 20416, (202) 205–6734.                      Floor, Washington, DC 20416.                              DR), dated 09/05/2018.
                                                                                                                                                                     Incident: Severe Storms, Tornadoes,
                                              SUPPLEMENTARY INFORMATION: Notice is                       FOR FURTHER INFORMATION CONTACT: The
                                                                                                                                                                   Straight-line Winds, and Flooding.
                                              hereby given that as a result of the                       meeting is open to the public; however                      Incident Period: 06/15/2018 through
                                              President’s major disaster declaration on                  advance notice of attendance is                           07/11/2018.
                                              09/05/2018, Private Non-Profit                             requested. Anyone wishing to attend
                                                                                                                                                                   DATES: Issued on 09/05/2018.
                                              organizations that provide essential                       and/or make a presentation to the
                                                                                                         AFMAC must contact Tim Gribben by                           Physical Loan Application Deadline
                                              services of a governmental nature may                                                                                Date: 11/05/2018.
                                              file disaster loan applications at the                     fax or email, in order to be placed on the
                                                                                                                                                                     Economic Injury (EIDL) Loan
                                              address listed above or other locally                      agenda. Tim Gribben, Chief Financial
                                                                                                                                                                   Application Deadline Date: 06/05/2019.
                                              announced locations.                                       Officer, 409 3rd Street SW, 6th Floor,
                                                                                                         Washington, DC 20416, phone (202)                         ADDRESSES: Submit completed loan
                                                 The following areas have been                                                                                     applications to: U.S. Small Business
                                              determined to be adversely affected by                     205–6449; fax: (202) 481–0546; email:
                                                                                                         timothy.gribben@sba.gov.                                  Administration, Processing and
                                              the disaster:                                                                                                        Disbursement Center, 14925 Kingsport
                                                                                                            Additionally, if you need
                                              Primary Counties: Matanuska-Susitna                                                                                  Road, Fort Worth, TX 76155.
                                                                                                         accommodations because of a disability
                                                   Borough.                                                                                                        FOR FURTHER INFORMATION CONTACT: A.
                                                                                                         or require additional information, please
                                                 The Interest Rates are:                                 contact Donna Wood at (202) 619–1608;                     Escobar, Office of Disaster Assistance,
                                                                                                         email Donna.Wood@sba.gov; SBA Office                      U.S. Small Business Administration,
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                                                                                                Percent  of Performance Management & Chief                         409 3rd Street SW, Suite 6050,
                                                                                                         Financial Officer, 409 3rd Street SW,                     Washington, DC 20416, (202) 205–6734.
                                              For Physical Damage:                                       Washington, DC 20416. For more
                                                Non-Profit Organizations with                                                                                      SUPPLEMENTARY INFORMATION: Notice is
                                                  Credit Available Elsewhere ...                   2.500
                                                                                                         information, please visit www.sba.gov/                    hereby given that as a result of the
                                                Non-Profit Organizations with-                           about-sba/sba-performance.                                President’s major disaster declaration on
                                                  out Credit Available Else-                             SUPPLEMENTARY INFORMATION: Pursuant                       09/05/2018, Private Non-Profit
                                                  where .....................................      2.500 to section 10(a)(2) of the Federal                        organizations that provide essential


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Document Created: 2018-09-20 02:09:41
Document Modified: 2018-09-20 02:09:41
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 47666 

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