Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 19.6, Series of Options Contracts Open for Trading, To Allow Wednesday Expirations for SPY Options, 60097-60099 [2016-20964]
Download as PDF
Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Brent J. Fields,
Secretary.
[FR Doc. 2016–20959 Filed 8–30–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78697; File No. SR–
BatsBZX–2016–53]
Self-Regulatory Organizations; Bats
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
19.6, Series of Options Contracts Open
for Trading, To Allow Wednesday
Expirations for SPY Options
August 26, 2016.
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
25, 2016, Bats BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Exchange has
designated this proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) of the
Act 3 and Rule 19b–4(f)(6) thereunder,4
which renders it effective upon filing
with the Commission. The Commission
is publishing this notice to solicit
comments on the proposed rule change
from interested persons.
mstockstill on DSK3G9T082PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange filed a proposal to
amend Rule 19.6, entitled ‘‘Series of
Options Contracts Open for Trading,’’
related to the Short Term Option Series
(‘‘STOS’’) Program to allow Wednesday
expirations for SPY options. The
Exchange also proposes to make
corresponding changes to Rule 16.1,
entitled ‘‘Definitions.’’ The text of the
proposed rule change is available at the
Exchange’s Web site at
www.batstrading.com, at the principal
office of the Exchange, and at the
Commission’s Public Reference Room.
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in Sections A, B, and C below, of
the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to harmonize the Exchange’s
rules with the rules governing Short
Term Options Series programs of other
options exchanges. Specifically, the
Exchange proposes to amend Rule 19.6,
entitled ‘‘Series of Options Contracts
Open for Trading,’’ related to the STOS
Program to allow Wednesday
expirations for SPY options. The
Exchange also proposes to make certain
corresponding changes to 16.1, entitled
‘‘Definitions.’’ The proposed rule
change is based on the recent approval
of a filing submitted by the BOX
Options Exchange LLC (‘‘BOX’’).5
Currently, under the STOS Program,
the Exchange may open for trading on
any Thursday or Friday that is a
business day series of options on that
class that expire on each of the next five
Fridays, provided that such Friday is
not a Friday in which monthly options
series or Quarterly Options Series expire
(‘‘Short Term Option Series’’). The
Exchange is now proposing to amend its
rule to permit the listing of options
expiring on Wednesdays. Specifically,
the Exchange is proposing that it may
open for trading on any Tuesday or
Wednesday that is a business day, series
of options on the SPDR S&P 500 ETF
Trust (‘‘SPY’’) to expire on any
Wednesday of the month that is a
business day and is not a Wednesday in
which Quarterly Options Series expire
(‘‘Wednesday SPY Expirations’’).6 The
proposed Wednesday SPY Expiration
series will be similar to the current
Short Term Option Series, with certain
exceptions, as explained in greater
16 17
1 15
VerDate Sep<11>2014
21:59 Aug 30, 2016
5 See Securities and Exchange Act Release No.
78668 (August 24, 2016) (SR–BOX–2016–28).
6 See proposed paragraph (g) of Interpretation and
Policy .05 to Rule 19.6.
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PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
60097
detail below. The Exchange notes that
having Wednesday expirations is not a
novel proposal. Specifically, the
Chicago Board Options Exchange,
Incorporated (‘‘CBOE’’) recently
received approval to list Wednesday
expirations for broad-based indexes.7
In regards to Wednesday SPY
Expirations, the Exchange is proposing
to remove the current restriction
preventing it from listing Short Term
Option Series that expire in the same
week in which monthly option series in
the same class expire. Specifically, the
Exchange will be allowed to list
Wednesday SPY Expirations in the same
week in which monthly option series in
SPY expire. The current restriction to
prohibit the expiration of monthly and
Short Term Option Series from expiring
on the same trading day is reasonable to
avoid investor confusion. This
confusion will not apply with
Wednesday SPY Expirations and
standard monthly options because they
will not expire on the same trading day,
as standard monthly options do not
expire on Wednesdays. Additionally, it
would lead to investor confusion if
Wednesday SPY Expirations were not
listed for one week every month because
there was a monthly SPY expiration on
the Friday of that week.
Under the proposed Wednesday SPY
Expirations, the Exchange may list up to
five consecutive Wednesday SPY
Expirations at one time. The Exchange
may have no more than a total of five
Wednesday SPY Expirations listed. This
is the same listing procedure as Short
Term Option Series that expire on
Fridays. The Exchange is also proposing
to clarify that the five series limit in the
current Short Term Option Series
Program Rule will not include any
Wednesday SPY Expirations.8 This
means, under the proposal, the
Exchange would be allowed to list five
Short Term Option Series expirations
for SPY expiring on Friday under the
current rule and five Wednesday SPY
Expirations. The interval between strike
prices for the proposed Wednesday SPY
Expirations will be the same as those for
the current Short Term Option Series.
Specifically, the Wednesday SPY
Expirations will have $0.50 strike
intervals.
Currently, for each Short Term Option
Expiration Date,9 the Exchange is
7 See Securities Exchange Act Release No. 76909
(January 14, 2016), 81 FR 3512 (January 21, 2016)
(SR–CBOE–2015–106).
8 See proposed changes to Interpretation and
Policy .05 to Rule 19.6.
9 The Exchange may open for trading on any
Thursday or Friday that is a business day series of
options on that class that expire on each of the next
E:\FR\FM\31AUN1.SGM
Continued
31AUN1
mstockstill on DSK3G9T082PROD with NOTICES
60098
Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
limited to opening thirty (30) series for
each expiration date for the specific
class. The thirty (30) series restriction
does not include series that are open by
other securities exchanges under their
respective short term option rules; the
Exchange may list these additional
series that are listed by other
exchanges.10 The thirty (30) series
restriction shall apply to Wednesday
SPY Expiration series as well. In
addition, the Exchange will be able to
list series that are listed by other
exchanges, assuming they file similar
rules with the Commission to list SPY
options expiring on Wednesdays. As is
the case with current Short Term Option
Series, the Wednesday SPY Expiration
series will be P.M.-settled. The
Exchange does not believe that any
market disruptions will be encountered
with the introduction of P.M.-settled
Wednesday SPY Expirations. The
Exchange currently trades P.M.-settled
Short Term Option Series that expire
almost every Friday, which provide
market participants a tool to hedge
special events and to reduce the
premium cost of buying protection. The
Exchange seeks to introduce Wednesday
SPY Expirations to, among other things,
expand hedging tools available to
market participants and to continue the
reduction of the premium cost of buying
protection. The Exchange believes that
Wednesday expirations, similar to
Friday expirations, would allow market
participants to purchase an option based
on their timing as needed and allow
them to tailor their investment and
hedging needs more effectively.
The Exchange is also proposing to
amend the definition of Short Term
Option Series contained in Exchange
Rule 16.1(a)(57) to make clear that STOS
includes Wednesday expirations and to
conform to BOX Rule 100(a)(64).
Specifically, the Exchange is amending
the definition to expand Short Term
Option Series to those listed on any
Tuesday or Wednesday and that expire
on the Wednesday of the next business
week. If a Tuesday or Wednesday is not
a business day, the series may be
opened (or shall expire) on the first
business day immediately prior to that
Tuesday or Wednesday.
The Exchange believes that the
introduction of Wednesday SPY
Expirations will provide investors with
a flexible and valuable tool to manage
risk exposure, minimize capital outlays,
five Fridays that are business days and are not
Fridays in which monthly options series or
Quarterly Options Series expire (‘‘Short Term
Option Expiration Dates’’). See Interpretation and
Policy .05 to Rule 19.6.
10 See current paragraph (a) of Interpretation and
Policy .05 to Rule 19.6.
VerDate Sep<11>2014
21:59 Aug 30, 2016
Jkt 238001
and be more responsive to the timing of
events affecting the industry. The
proposed rule change is a competitive
proposal designed to enable the
Exchange to compete equally and fairly
with other options exchanges in
satisfying high market demand for
weekly options and continuing strong
customer demand to use STOS to
execute hedging and trading strategies.
2. Statutory Basis
The rule changes proposed herein are
consistent with the requirements of the
Act and the rules and regulations
thereunder that are applicable to a
national securities exchange, and, in
particular, with the requirements of
Section 6(b) of the Act.11 Specifically,
the proposed change is consistent with
Section 6(b)(5) of the Act,12 because it
is designed to promote just and
equitable principles of trade, to remove
impediments to, and perfect the
mechanism of, a free and open market
and, in general, to protect investors and
the public interest. Additionally, the
Exchange believes that the proposed
rule change is consistent with the
Section 6(b)(5) 13 requirement that the
rules of an exchange not be designed to
permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
the Short Term Option Series Program
has been successful to date and that
Wednesday SPY Expirations simply
expand the ability of investors to hedge
risk against market movements
stemming from economic releases or
market events that occur throughout the
month in the same way that the Short
Term Option Series Program has
expanded the landscape of hedging.
Similarly, the Exchange believes
Wednesday SPY Expirations should
create greater trading and hedging
opportunities and flexibility, and
provide customers with the ability to
more closely tailor their investment
objectives. The Exchange believes that
allowing Wednesday SPY Expirations
and monthly SPY expirations in the
same week will benefit investors and
minimize investor confusion by
providing Wednesday SPY Expirations
in a continuous and uniform manner.
Finally, the Exchange represents that it
has an adequate surveillance program in
place to detect manipulative trading in
Wednesday SPY Expirations in the same
way it monitors trading in the current
Short Term Option Series. The
Exchange also represents that it has the
11 15
12 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
13 Id.
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
necessary systems capacity to support
the new options series.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. To the
contrary, with respect to intermarket
competition, the Exchange believes the
proposal is pro-competitive and will
allow the Exchange to compete more
effectively with BOX, which has already
adopted changes to its STOS programs
that are substantially identical to the
changes proposed by this filing.14 In
addition to BOX, the Exchange expects
that other options exchanges will file
similar proposals to adopt the changes
in order to provide Wednesday SPY
Expirations.
The Exchange does not believe the
proposal will impose any burden on
intramarket competition, as all market
participants will be treated in the same
manner as existing Short Term Option
Series. The Exchange believes that the
proposal will result in additional
investment options and opportunities to
achieve the investment objectives of
market participants seeking efficient
trading and hedging vehicles, to the
benefit of investors, market participants,
and the marketplace in general.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange has not solicited, and
does not intend to solicit, comments on
this proposed rule change. The
Exchange has not received any written
comments from members or other
interested parties.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 15 and Rule 19b–4(f)(6)
thereunder.16
14 See
supra note 5.
U.S.C. 78s(b)(3)(A).
16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intention to
file the proposed rule change at least five business
15 15
E:\FR\FM\31AUN1.SGM
31AUN1
Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days from the
date of filing. However, Rule 19b–
4(f)(6)(iii) 17 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The
Commission notes that it recently
approved BOX’s substantially similar
proposal to list and trade Wednesday
SPY Expirations.18 The Exchange has
stated that waiver of the operative delay
will allow the Exchange to list and trade
Wednesday SPY Expirations as soon as
possible, and therefore, promote
competition among the option
exchanges. For these reasons, the
Commission believes that the proposed
rule change presents no novel issues
and that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest, and
will allow the Exchange to remain
competitive with other exchanges.
Therefore, the Commission hereby
waives the 30-day operative delay and
designates the proposal effective upon
filing.19 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:
mstockstill on DSK3G9T082PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
21:59 Aug 30, 2016
Jkt 238001
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–BatsBZX–2016–53. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://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 Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
BatsBZX–2016–53 and should be
submitted on or before September 21,
2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Brent J. Fields,
Secretary.
[FR Doc. 2016–20964 Filed 8–30–16; 8:45 am]
days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
17 17 CFR 240.19b–4(f)(6)(iii).
18 See supra note 5.
19 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).
VerDate Sep<11>2014
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BatsBZX–2016–53 on the subject line.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78675; File No. SR–OCC–
2016–009]
Self-Regulatory Organizations; the
Options Clearing Corporation; Notice
of Filing of Proposed Rule Change
Concerning the Options Clearing
Corporation’s Escrow Deposit
Program
August 25, 2016.
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
15, 2016, The Options Clearing
Corporation (‘‘OCC’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II and III
below, which Items have been prepared
by OCC. The Commission is publishing
this notice to solicit comments on the
proposed rule change from interested
persons.
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
The purpose of this proposed rule
change by OCC is to improve the
resiliency of OCC’s escrow deposit
program. OCC is proposing changes that
are designed to: (1) Increase OCC’s
visibility into and control over collateral
deposits made under the escrow deposit
program; (2) strengthen clearing
members’ rights to collateral in the
escrow deposit program in the event of
a customer default to the clearing
member; (3) provide more specificity
concerning the manner in which OCC or
clearing members would take
possession of collateral in OCC’s escrow
deposit program; and (4) improve the
readability of the rules governing OCC’s
escrow deposit program by
consolidating all such rules into a single
location in OCC’s Rulebook.
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
In its filing with the Commission,
OCC 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. OCC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.
1 15
20 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00124
Fmt 4703
Sfmt 4703
60099
2 17
E:\FR\FM\31AUN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
31AUN1
Agencies
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60097-60099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20964]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78697; File No. SR-BatsBZX-2016-53]
Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 19.6, Series of Options Contracts Open for Trading, To Allow
Wednesday Expirations for SPY Options
August 26, 2016.
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 25, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange filed a proposal to amend Rule 19.6, entitled ``Series
of Options Contracts Open for Trading,'' related to the Short Term
Option Series (``STOS'') Program to allow Wednesday expirations for SPY
options. The Exchange also proposes to make corresponding changes to
Rule 16.1, entitled ``Definitions.'' The text of the proposed rule
change is available at the Exchange's Web site at www.batstrading.com,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to harmonize the
Exchange's rules with the rules governing Short Term Options Series
programs of other options exchanges. Specifically, the Exchange
proposes to amend Rule 19.6, entitled ``Series of Options Contracts
Open for Trading,'' related to the STOS Program to allow Wednesday
expirations for SPY options. The Exchange also proposes to make certain
corresponding changes to 16.1, entitled ``Definitions.'' The proposed
rule change is based on the recent approval of a filing submitted by
the BOX Options Exchange LLC (``BOX'').\5\
---------------------------------------------------------------------------
\5\ See Securities and Exchange Act Release No. 78668 (August
24, 2016) (SR-BOX-2016-28).
---------------------------------------------------------------------------
Currently, under the STOS Program, the Exchange may open for
trading on any Thursday or Friday that is a business day series of
options on that class that expire on each of the next five Fridays,
provided that such Friday is not a Friday in which monthly options
series or Quarterly Options Series expire (``Short Term Option
Series''). The Exchange is now proposing to amend its rule to permit
the listing of options expiring on Wednesdays. Specifically, the
Exchange is proposing that it may open for trading on any Tuesday or
Wednesday that is a business day, series of options on the SPDR S&P 500
ETF Trust (``SPY'') to expire on any Wednesday of the month that is a
business day and is not a Wednesday in which Quarterly Options Series
expire (``Wednesday SPY Expirations'').\6\ The proposed Wednesday SPY
Expiration series will be similar to the current Short Term Option
Series, with certain exceptions, as explained in greater detail below.
The Exchange notes that having Wednesday expirations is not a novel
proposal. Specifically, the Chicago Board Options Exchange,
Incorporated (``CBOE'') recently received approval to list Wednesday
expirations for broad-based indexes.\7\
---------------------------------------------------------------------------
\6\ See proposed paragraph (g) of Interpretation and Policy .05
to Rule 19.6.
\7\ See Securities Exchange Act Release No. 76909 (January 14,
2016), 81 FR 3512 (January 21, 2016) (SR-CBOE-2015-106).
---------------------------------------------------------------------------
In regards to Wednesday SPY Expirations, the Exchange is proposing
to remove the current restriction preventing it from listing Short Term
Option Series that expire in the same week in which monthly option
series in the same class expire. Specifically, the Exchange will be
allowed to list Wednesday SPY Expirations in the same week in which
monthly option series in SPY expire. The current restriction to
prohibit the expiration of monthly and Short Term Option Series from
expiring on the same trading day is reasonable to avoid investor
confusion. This confusion will not apply with Wednesday SPY Expirations
and standard monthly options because they will not expire on the same
trading day, as standard monthly options do not expire on Wednesdays.
Additionally, it would lead to investor confusion if Wednesday SPY
Expirations were not listed for one week every month because there was
a monthly SPY expiration on the Friday of that week.
Under the proposed Wednesday SPY Expirations, the Exchange may list
up to five consecutive Wednesday SPY Expirations at one time. The
Exchange may have no more than a total of five Wednesday SPY
Expirations listed. This is the same listing procedure as Short Term
Option Series that expire on Fridays. The Exchange is also proposing to
clarify that the five series limit in the current Short Term Option
Series Program Rule will not include any Wednesday SPY Expirations.\8\
This means, under the proposal, the Exchange would be allowed to list
five Short Term Option Series expirations for SPY expiring on Friday
under the current rule and five Wednesday SPY Expirations. The interval
between strike prices for the proposed Wednesday SPY Expirations will
be the same as those for the current Short Term Option Series.
Specifically, the Wednesday SPY Expirations will have $0.50 strike
intervals.
---------------------------------------------------------------------------
\8\ See proposed changes to Interpretation and Policy .05 to
Rule 19.6.
---------------------------------------------------------------------------
Currently, for each Short Term Option Expiration Date,\9\ the
Exchange is
[[Page 60098]]
limited to opening thirty (30) series for each expiration date for the
specific class. The thirty (30) series restriction does not include
series that are open by other securities exchanges under their
respective short term option rules; the Exchange may list these
additional series that are listed by other exchanges.\10\ The thirty
(30) series restriction shall apply to Wednesday SPY Expiration series
as well. In addition, the Exchange will be able to list series that are
listed by other exchanges, assuming they file similar rules with the
Commission to list SPY options expiring on Wednesdays. As is the case
with current Short Term Option Series, the Wednesday SPY Expiration
series will be P.M.-settled. The Exchange does not believe that any
market disruptions will be encountered with the introduction of P.M.-
settled Wednesday SPY Expirations. The Exchange currently trades P.M.-
settled Short Term Option Series that expire almost every Friday, which
provide market participants a tool to hedge special events and to
reduce the premium cost of buying protection. The Exchange seeks to
introduce Wednesday SPY Expirations to, among other things, expand
hedging tools available to market participants and to continue the
reduction of the premium cost of buying protection. The Exchange
believes that Wednesday expirations, similar to Friday expirations,
would allow market participants to purchase an option based on their
timing as needed and allow them to tailor their investment and hedging
needs more effectively.
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\9\ The Exchange may open for trading on any Thursday or Friday
that is a business day series of options on that class that expire
on each of the next five Fridays that are business days and are not
Fridays in which monthly options series or Quarterly Options Series
expire (``Short Term Option Expiration Dates''). See Interpretation
and Policy .05 to Rule 19.6.
\10\ See current paragraph (a) of Interpretation and Policy .05
to Rule 19.6.
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The Exchange is also proposing to amend the definition of Short
Term Option Series contained in Exchange Rule 16.1(a)(57) to make clear
that STOS includes Wednesday expirations and to conform to BOX Rule
100(a)(64). Specifically, the Exchange is amending the definition to
expand Short Term Option Series to those listed on any Tuesday or
Wednesday and that expire on the Wednesday of the next business week.
If a Tuesday or Wednesday is not a business day, the series may be
opened (or shall expire) on the first business day immediately prior to
that Tuesday or Wednesday.
The Exchange believes that the introduction of Wednesday SPY
Expirations will provide investors with a flexible and valuable tool to
manage risk exposure, minimize capital outlays, and be more responsive
to the timing of events affecting the industry. The proposed rule
change is a competitive proposal designed to enable the Exchange to
compete equally and fairly with other options exchanges in satisfying
high market demand for weekly options and continuing strong customer
demand to use STOS to execute hedging and trading strategies.
2. Statutory Basis
The rule changes proposed herein are consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\11\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\12\
because it is designed to promote just and equitable principles of
trade, to remove impediments to, and perfect the mechanism of, a free
and open market and, in general, to protect investors and the public
interest. Additionally, the Exchange believes that the proposed rule
change is consistent with the Section 6(b)(5) \13\ requirement that the
rules of an exchange not be designed to permit unfair discrimination
between customers, issuers, brokers, or dealers.
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\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
\13\ Id.
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In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Wednesday SPY Expirations
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Short Term Option Series
Program has expanded the landscape of hedging. Similarly, the Exchange
believes Wednesday SPY Expirations should create greater trading and
hedging opportunities and flexibility, and provide customers with the
ability to more closely tailor their investment objectives. The
Exchange believes that allowing Wednesday SPY Expirations and monthly
SPY expirations in the same week will benefit investors and minimize
investor confusion by providing Wednesday SPY Expirations in a
continuous and uniform manner. Finally, the Exchange represents that it
has an adequate surveillance program in place to detect manipulative
trading in Wednesday SPY Expirations in the same way it monitors
trading in the current Short Term Option Series. The Exchange also
represents that it has the necessary systems capacity to support the
new options series.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, with respect
to intermarket competition, the Exchange believes the proposal is pro-
competitive and will allow the Exchange to compete more effectively
with BOX, which has already adopted changes to its STOS programs that
are substantially identical to the changes proposed by this filing.\14\
In addition to BOX, the Exchange expects that other options exchanges
will file similar proposals to adopt the changes in order to provide
Wednesday SPY Expirations.
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\14\ See supra note 5.
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The Exchange does not believe the proposal will impose any burden
on intramarket competition, as all market participants will be treated
in the same manner as existing Short Term Option Series. The Exchange
believes that the proposal will result in additional investment options
and opportunities to achieve the investment objectives of market
participants seeking efficient trading and hedging vehicles, to the
benefit of investors, market participants, and the marketplace in
general.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\15\ and Rule 19b-4(f)(6) thereunder.\16\
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\15\ 15 U.S.C. 78s(b)(3)(A).
\16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intention to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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[[Page 60099]]
A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \17\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative
immediately upon filing. The Commission notes that it recently approved
BOX's substantially similar proposal to list and trade Wednesday SPY
Expirations.\18\ The Exchange has stated that waiver of the operative
delay will allow the Exchange to list and trade Wednesday SPY
Expirations as soon as possible, and therefore, promote competition
among the option exchanges. For these reasons, the Commission believes
that the proposed rule change presents no novel issues and that waiver
of the 30-day operative delay is consistent with the protection of
investors and the public interest, and will allow the Exchange to
remain competitive with other exchanges. Therefore, the Commission
hereby waives the 30-day operative delay and designates the proposal
effective upon filing.\19\ 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.
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\17\ 17 CFR 240.19b-4(f)(6)(iii).
\18\ See supra note 5.
\19\ 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).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BatsBZX-2016-53 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-BatsBZX-2016-53. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (https://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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2016-53 and should
be submitted on or before September 21, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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\20\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-20964 Filed 8-30-16; 8:45 am]
BILLING CODE 8011-01-P