Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program, 60765-60767 [2016-21132]
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Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices
By the Commission.
Jill M. Peterson,
Assistant Secretary.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2016–21301 Filed 8–31–16; 4:15 pm]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–78715; File No. SR–ISE–
2016–18]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Expand the Short Term
Option Series Program
August 29, 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
26, 2016, the International Securities
Exchange, LLC (‘‘Exchange’’) 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 the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to expand the
Short Term Option Series Program to
allow Wednesday expirations for SPY
options.
The text of the proposed rule change
is available on the Exchange’s Web site
at www.ise.com, at the principal office
of the Exchange, and at the
Commission’s Public Reference Room.
mstockstill on DSK3G9T082PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
1. Purpose
The Exchange proposes to amend ISE
Rule 100 and 504 at Supplementary
Material .02 to expand the Short Term
Option Series Program to permit the
listing and trading of options with
Wednesday expirations. The Exchange
also proposes to amend the definition of
Short Term Options Series in Rule
100(47) to conform the rule text to
include Thursday, which is currently
included in the Short Terms Options
Series Program at Rule 504 at
Supplementary Material .02.
Currently, under the Short Term
Option Series 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 consecutive
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’’) 3 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, BOX recently received
approval to list Wednesday SPY
expirations for SPY options.4
In regards to Wednesday SPY
Expirations, the Exchange is proposing
to remove the current restriction
preventing the Exchange 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
3 See
ISE Rule 504 at Supplementary Material .02.
Securities Exchange Act Release No. 78668
(SR–BOX–2016–28) (pending publication in the
Federal Register).
4 See
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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60765
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.5 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, the Exchange is 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.6 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
5 ISE 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 ISE Rule 504 at
Supplementary Material .02.
6 See ISE Rule 504 at Supplementary Material .02.
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60766
Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices
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 amending the
definition of Short Term Option Series
to make clear that it includes
Wednesday and Thursday.7 With this
proposal, the Exchange is amending the
definition at ISE Rule 100(a)(47) to
expand Short Term Option Series to add
Thursday. Specifically, the Exchange is
amending the definition to expand
Short Term Option Series to those listed
on any Tuesday, Wednesday or
Thursday and that expire on the
Wednesday of the next business week.
If a Tuesday, Wednesday or Thursday is
not a business day, the series may be
opened (or shall expire) on the first
business day immediately prior to that
Tuesday, Wednesday or Thursday. The
Exchange believes that the introduction
of Wednesday SPY Expirations and
conforming the definition at Rule 100 to
match Rule 504 at Supplementary
Material .02 to specifically add
Thursday, 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 and would
clarify the definition. The proposed
amendment to add Thursday to ISE Rule
100(a)(47), which is currently included
in the Short Terms Options Series
Program at Rule 504 at Supplementary
Material .02, is a non-substantive, noncontroversial rule change.
mstockstill on DSK3G9T082PROD with NOTICES
2. Statutory Basis
The Exchange believes that its
proposal is consistent with section 6(b)
of the Act,8 in general, and furthers the
7 The Exchange is taking the opportunity to add
Thursday to Rule 100 to conform that language to
Rule 504 at Supplementary Material .02. The
Exchange inadvertently did not update Rule 100
previously to include Thursday.
8 15 U.S.C. 78f(b).
VerDate Sep<11>2014
18:25 Sep 01, 2016
Jkt 238001
objectives of section 6(b)(5) of the Act,9
in particular, in that it is designed to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general to protect investors and the
public interest.
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. Also, the
Exchange notes that BOX Options
Exchange LLC (‘‘BOX’’) recently
received approval to list Wednesday
expirations for SPY options.10
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. The
Exchange notes that having Wednesday
expirations is not a novel proposal, BOX
has received approval to list Wednesday
expirations for SPY options.11 The
Exchange does not believe the proposal
will impose any burden on intra-market
competition, as all market participants
will be treated in the same manner.
Additionally, the Exchange does not
9 15
U.S.C. 78f(b)(5).
supra, note 4.
11 See supra, note 4.
10 See
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
believe the proposal will impose any
burden on inter-market competition, as
nothing prevents the other options
exchanges from proposing similar rules.
The proposed amendment to add
Thursday to ISE Rule 100(a)(47), which
is currently included in the Short Terms
Options Series Program at Rule 504 at
Supplementary Material .02, is a nonsubstantive, non-controversial rule
change.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, the
proposed rule change has become
effective pursuant to section 19(b)(3)(A)
of the Act 12 and Rule 19b–4(f)(6)
thereunder.13
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) 14 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.15 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
12 15
U.S.C. 78s(b)(3)(A).
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.
14 17 CFR 240.19b–4(f)(6)(iii).
15 See supra note 4.
13 17
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Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Notices
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.16 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
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ISE–2016–18 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–ISE–2016–18. 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
16 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
18:25 Sep 01, 2016
Jkt 238001
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–ISE–
2016–18 and should be submitted on or
before September 23, 2016.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–21132 Filed 9–1–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
In the Matter of Multi-Corp.
International, Inc., Pan American
Goldfields Ltd., and Sky Harvest
Energy Corp., File No. 500–1; Order of
Suspension of Trading
August 31, 2016.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Multi-Corp.
International, Inc. (CIK No. 1405260), a
defaulted Nevada corporation with its
principal place of business listed as Las
Vegas, Nevada, with stock quoted on
OTC Link (previously, ‘‘Pink Sheets’’)
operated by OTC Markets Group, Inc.
(‘‘OTC Link’’) under the ticker symbol
MULI, because it has not filed any
periodic reports since the period ended
March 31, 2013. On June 6, 2014, MultiCorp. International, Inc. was sent a
delinquency letter sent by the Division
of Corporation Finance requesting
compliance with its periodic filing
obligations, but did not receive the
delinquency letter due to its failure to
maintain a valid address on file with the
Commission as required by Commission
rules (Rule 301 of Regulation S–T, 17
CFR 232.301 and Section 5.4 of EDGAR
Filer Manual).
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Pan
American Goldfields Ltd. (CIK No.
17 17
PO 00000
1046672), a Delaware corporation with
its principal place of business listed as
Toronto, Ontario, Canada, with stock
quoted on OTC Link under the ticker
symbol MXOM, because it has not filed
any periodic reports since the period
ended November 30, 2013. On March
25, 2015, Pan American Goldfields Ltd.
was sent a delinquency letter by the
Division of Corporation Finance
requesting compliance with its periodic
filing obligations, and Pan American
Goldfields Ltd. received the
delinquency letter on April 10, 2015,
but failed to cure its delinquencies.
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of Sky Harvest
Energy Corp. (CIK No. 1332445), a
revoked Nevada corporation with its
principal place of business listed as
Vancouver, British Columbia, Canada
with stock quoted on OTC Link under
the ticker symbol SKYH, because it has
not filed any periodic reports since the
period ended May 31, 2013. On January
26, 2015, Sky Harvest Energy Corp. was
sent a delinquency letter by the Division
of Corporation Finance requesting
compliance with its periodic filing
obligations, but did not receive the
delinquency letter due to its failure to
maintain a valid address on file with the
Commission as required by Commission
rules (Rule 301 of Regulation S–T, 17
CFR 232.301 and Section 5.4 of EDGAR
Filer Manual).
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above-listed
company.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the
securities of the above-listed company is
suspended for the period from 9:30 a.m.
EDT on August 31, 2016, through 11:59
p.m. EDT on September 14, 2016.
By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2016–21300 Filed 8–31–16; 4:15 pm]
BILLING CODE 8011–01–P
CFR 200.30–3(a)(12).
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Agencies
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Pages 60765-60767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21132]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-78715; File No. SR-ISE-2016-18]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Expand the Short Term Option Series Program
August 29, 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 26, 2016, the International Securities Exchange, LLC
(``Exchange'') 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 the Exchange.
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.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to expand the Short Term Option Series
Program to allow Wednesday expirations for SPY options.
The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend ISE Rule 100 and 504 at
Supplementary Material .02 to expand the Short Term Option Series
Program to permit the listing and trading of options with Wednesday
expirations. The Exchange also proposes to amend the definition of
Short Term Options Series in Rule 100(47) to conform the rule text to
include Thursday, which is currently included in the Short Terms
Options Series Program at Rule 504 at Supplementary Material .02.
Currently, under the Short Term Option Series 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
consecutive 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'') \3\ 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, BOX recently received approval to list
Wednesday SPY expirations for SPY options.\4\
---------------------------------------------------------------------------
\3\ See ISE Rule 504 at Supplementary Material .02.
\4\ See Securities Exchange Act Release No. 78668 (SR-BOX-2016-
28) (pending publication in the Federal Register).
---------------------------------------------------------------------------
In regards to Wednesday SPY Expirations, the Exchange is proposing
to remove the current restriction preventing the Exchange 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.\5\
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.
---------------------------------------------------------------------------
\5\ ISE 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 ISE Rule 504 at
Supplementary Material .02.
---------------------------------------------------------------------------
Currently, for each Short Term Option Expiration Date, the Exchange
is 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.\6\ 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.
---------------------------------------------------------------------------
\6\ See ISE Rule 504 at Supplementary Material .02.
---------------------------------------------------------------------------
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
[[Page 60766]]
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 amending the definition of Short Term Option
Series to make clear that it includes Wednesday and Thursday.\7\ With
this proposal, the Exchange is amending the definition at ISE Rule
100(a)(47) to expand Short Term Option Series to add Thursday.
Specifically, the Exchange is amending the definition to expand Short
Term Option Series to those listed on any Tuesday, Wednesday or
Thursday and that expire on the Wednesday of the next business week. If
a Tuesday, Wednesday or Thursday is not a business day, the series may
be opened (or shall expire) on the first business day immediately prior
to that Tuesday, Wednesday or Thursday. The Exchange believes that the
introduction of Wednesday SPY Expirations and conforming the definition
at Rule 100 to match Rule 504 at Supplementary Material .02 to
specifically add Thursday, 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 and
would clarify the definition. The proposed amendment to add Thursday to
ISE Rule 100(a)(47), which is currently included in the Short Terms
Options Series Program at Rule 504 at Supplementary Material .02, is a
non-substantive, non-controversial rule change.
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\7\ The Exchange is taking the opportunity to add Thursday to
Rule 100 to conform that language to Rule 504 at Supplementary
Material .02. The Exchange inadvertently did not update Rule 100
previously to include Thursday.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with section
6(b) of the Act,\8\ in general, and furthers the objectives of section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
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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.
Also, the Exchange notes that BOX Options Exchange LLC (``BOX'')
recently received approval to list Wednesday expirations for SPY
options.\10\
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\10\ See supra, note 4.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that having
Wednesday expirations is not a novel proposal, BOX has received
approval to list Wednesday expirations for SPY options.\11\ The
Exchange does not believe the proposal will impose any burden on intra-
market competition, as all market participants will be treated in the
same manner. Additionally, the Exchange does not believe the proposal
will impose any burden on inter-market competition, as nothing prevents
the other options exchanges from proposing similar rules. The proposed
amendment to add Thursday to ISE Rule 100(a)(47), which is currently
included in the Short Terms Options Series Program at Rule 504 at
Supplementary Material .02, is a non-substantive, non-controversial
rule change.
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\11\ See supra, note 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to section 19(b)(3)(A) of the Act
\12\ and Rule 19b-4(f)(6) thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 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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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) \14\ 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.\15\ 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
[[Page 60767]]
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.\16\ 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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\14\ 17 CFR 240.19b-4(f)(6)(iii).
\15\ See supra note 4.
\16\ 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-ISE-2016-18 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-ISE-2016-18. 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-ISE-2016-18 and should be
submitted on or before September 23, 2016.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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\17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-21132 Filed 9-1-16; 8:45 am]
BILLING CODE 8011-01-P