Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the SPY Pilot Program, 32394-32396 [2017-14659]
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32394
Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices
become operative immediately upon
filing. The Exchange believes that
waiver of the operative delay is
consistent with the protection of
investors and the public interest
because it will allow the SPY Pilot
Program to continue without
interruption. 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 proposed rule change
operative upon filing.10
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
ISE–2017–72 on the subject line.
sradovich on DSK3GMQ082PROD with NOTICES
Paper Comments
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–ISE–2017–72. 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 such
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–
2017–72, and should be submitted on or
before August 3, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–14663 Filed 7–12–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81090; File No. SR–
NASDAQ–2017–063]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Extend the
SPY Pilot Program
July 7, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on June 29,
2017, The NASDAQ Stock Market LLC
(‘‘Nasdaq’’ or ‘‘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.
10 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
VerDate Sep<11>2014
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11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Fmt 4703
Sfmt 4703
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to extend for
another twelve (12) month time period
the pilot program to eliminate position
limits for options on the SPDR® S&P
500® exchange-traded fund (‘‘SPY ETF’’
or ‘‘SPY’’),3 which list and trade under
the symbol SPY (‘‘SPY Pilot Program’’).
The text of the proposed rule change
is available on the Exchange’s Web site
at https://nasdaq.cchwallstreet.com, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
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 purpose of the proposed rule
change is to amend the Supplementary
Material at the end of Chapter III,
Section 7 (Position Limits), to extend
the current pilot which expires on July
12, 2017 for an additional twelve (12)
month time period to July 12, 2018
(‘‘Extended Pilot’’). This filing does not
propose any substantive changes to the
SPY Pilot Program. In proposing to
extend the SPY Pilot Program, the
Exchange reaffirms its consideration of
several factors that supported the
original proposal of the SPY Pilot
Program, including (1) the availability of
economically equivalent products and
their respective position limits; (2) the
liquidity of the option and the
underlying security; (3) the market
capitalization of the underlying security
and the related index; (4) the reporting
of large positions and requirements
3 ‘‘SPDR®,’’ ‘‘Standard & Poor’s®,’’ ‘‘S&P®,’’ ‘‘S&P
500®,’’ and ‘‘Standard & Poor’s 500’’ are registered
trademarks of Standard & Poor’s Financial Services
LLC. The SPY ETF represents ownership in the
SPDR S&P 500 Trust, a unit investment trust that
generally corresponds to the price and yield
performance of the SPDR S&P 500 Index.
E:\FR\FM\13JYN1.SGM
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Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
surrounding margin; and (5) the
potential for market on close volatility.
With this proposal, the Exchange
submits the SPY report to the
Commission, which report reflects,
during the time period from May 2016
through May 2017, the trading of
standardized SPY options with no
position limits consistent with option
exchange provisions.4 The report was
prepared in the manner specified in the
Exchange’s prior rule filing extending
the SPY Pilot Program.5 The Exchange
notes that it is unaware of any problems
created by the SPY Pilot Program and
does not foresee any as a result of the
proposed extension. The proposed
extension will allow the Exchange and
the Commission additional time to
further evaluate the pilot program and
its effect on the market.
As with the original proposal to
establish the SPY Pilot Program, the
Exchange represents that a SPY Pilot
Report will be submitted at least thirty
(30) days before the end of the Extended
Pilot and would analyze that period.
The Pilot Report will detail the size and
different types of strategies employed
with respect to positions established as
a result of the elimination of position
limits in SPY. In addition, the report
will note whether any problems resulted
due to the no limit approach and any
other information that may be useful in
evaluating the effectiveness of the
Extended Pilot. The Pilot Report will
compare the impact of the SPY Pilot
Program, if any, on the volumes of SPY
options and the volatility in the price of
the underlying SPY shares, particularly
at expiration during the Extended Pilot.
In preparing the report the Exchange
will utilize various data elements such
as volume and open interest. In addition
the Exchange will make available to
Commission staff data elements relating
to the effectiveness of the SPY Pilot
Program. Conditional on the findings in
the SPY Pilot Report, the Exchange will
file with the Commission a proposal to
extend the pilot program, adopt the
pilot program on a permanent basis or
terminate the pilot. If the SPY Pilot
Program is not extended or adopted on
a permanent basis by the expiration of
the Extended Pilot, the position limits
for SPY options would revert to limits
in effect prior to the commencement of
the SPY Pilot Program.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
4 The
report is attached as Exhibit 3 [sic].
Securities Exchange Act Release No. 78123
(June 22, 2016), 81 FR 42030 (June 28, 2016) (SR–
NASDAQ–2016–084).
of the Act 6 in general, and furthers the
objectives of Section 6(b)(5) of the Act 7
in particular, in that it is designed to
prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities, to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system and, in
general, to protect investors and the
public interest.
The Exchange believes that the
proposed rule change would be
beneficial to market participants,
including market makers, institutional
investors and retail investors, by
permitting them to establish greater
positions when pursuing their
investment goals and needs. The
Exchange also believes that
economically equivalent products
should be treated in an equivalent
manner so as to avoid regulatory
arbitrage, especially with respect to
position limits. Treating SPY and SPX
options differently by virtue of imposing
different position limits is inconsistent
with the notion of promoting just and
equitable principles of trade and
removing impediments to perfect the
mechanisms of a free and open market.
At the same time, the Exchange believes
that the elimination of position limits
for SPY options would not increase
market volatility or facilitate the ability
to manipulate the market.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The proposed rule change does not
impose any burden on competition that
is not necessary or appropriate in
furtherance of the purposes of the Act.
In this regard, the Exchange notes that
the rule change is being proposed as a
competitive response to similar filings
that the Exchange expects to be filed by
other options exchanges. The Exchange
believes this proposed rule change is
necessary to permit fair competition
among the options exchanges and to
establish uniform position limits for a
multiply listed options class.
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.
5 See
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7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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32395
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b–
4(f)(6) thereunder.8
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 9 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 10
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 Exchange believes that
waiver of the operative delay is
consistent with the protection of
investors and the public interest
because it will allow the SPY Pilot
Program to continue without
interruption. 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 proposed rule change
operative upon filing.11
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.
8 17 CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with 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.
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
11 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
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32396
Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices
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–
NASDAQ–2017–063 on the subject line.
Paper Comments
sradovich on DSK3GMQ082PROD with NOTICES
• Send paper comments in triplicate
to Brent J. Fields, Secretary, Securities
and Exchange Commission, 100 F Street
NE., Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2017–063. 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 such
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–
NASDAQ–2017–063, and should be
submitted on or before August 3, 2017.
VerDate Sep<11>2014
17:41 Jul 12, 2017
Jkt 241001
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–14659 Filed 7–12–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81103; File No. SR–NYSE–
2017–07; SR–NYSEMKT–2017–16]
Self-Regulatory Organizations; New
York Stock Exchange LLC; NYSE MKT
LLC; Order Granting Approval of
Proposed Rule Changes, as Modified
by Amendment No. 1, Amending NYSE
Rule 36 and NYSE MKT Rule 36—
Equities To Permit Exchange Floor
Brokers To Use Non-Exchange
Provided Telephones on the Floor
July 7, 2017.
I. Introduction
On March 31, 2017 and March 22,
2017, New York Stock Exchange LLC
(‘‘NYSE’’) and NYSE MKT LLC (‘‘NYSE
MKT’’) (each of NYSE and NYSE MKT
an ‘‘Exchange’’), respectively, filed with
the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 proposed rule
changes to permit Exchange floor
brokers to use telephones not provided
by the Exchange while on the Floor of
the Exchange, and make related
changes. The proposed rule changes
were published for comment in the
Federal Register on April 10, 2017.3 On
May 24, 2017, pursuant to Section
19(b)(2) of the Act,4 the Commission
designated a longer period within which
to either approve the proposed rule
changes, disapprove the proposed rule
changes, or institute proceedings to
determine whether to disapprove the
proposed rule changes.5 On July 6,
2017, NYSE and NYSE MKT each filed
Amendment No. 1 to its respective
proposed rule change.6 The Commission
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 See Securities Exchange Act Release Nos. 80374
(April 4, 2017), 82 FR 17306 (‘‘NYSE Notice’’); and
80375 (April 4, 2017), 82 FR 17302 (‘‘NYSE MKT
Notice’’).
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 80753
(May 24, 2017), 82 FR 25032 (May 31, 2017). The
Commission designated July 9, 2017 as the date by
which it shall approve, disapprove, or institute
proceedings to determine whether to disapprove the
proposed rule changes.
6 Each Amendment No. 1 clarified the expected
implementation date of the respective proposed
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12 17
1 15
Frm 00081
Fmt 4703
Sfmt 4703
received no comments on the proposed
rule changes. This order grants approval
of the proposed rule changes, each as
modified by the respective Amendment
No. 1.
II. Description of the Proposed Rule
Changes, as Modified by Amendment
No. 1
NYSE and NYSE MKT propose to
amend NYSE Rule 36 and NYSE MKT
Rule 36—Equities, respectively, to
permit Exchange floor brokers to use
cellular or wireless telephones not
provided by the Exchange while on the
Floor 7 of the Exchange.
Currently, with Exchange approval, a
floor broker may maintain a telephone
line or use an Exchange authorized and
Exchange provided portable telephone,
which permits a non-member off the
Floor to communicate with a member or
member organization on the Floor. Any
floor broker receiving orders from the
public over portable telephones must be
properly qualified under Exchange rules
to conduct such public business.
Exchange rules prohibit the use of a
portable telephone on the Floor other
than one authorized and issued by the
Exchange, with a limited exception that
allows members and employees of
member organizations to use personal
portable telephones while outside of the
Trading Floor 8 but still on the Floor of
the Exchange.9
NYSE and NYSE MKT propose to
allow a floor broker to use a personal
cellular or wireless telephone, rather
rule change. See infra note 29 and accompanying
text. Amendment No. 1 is available on each
Exchange’s Web site. Each Amendment No. 1 is not
subject to notice and comment because it is a
technical amendment that does not materially alter
the substance of the proposed rule change or raise
any novel regulatory issues.
7 The ‘‘Floor’’ means the trading floor of the
Exchange and the premises immediately adjacent
thereto, such as the various entrances and lobbies
of the 11 Wall Street, 18 New Street, 8 Broad Street,
12 Broad Street, and 18 Broad Street buildings, and
also means the telephone facilities available in
these locations. See NYSE Rule 6; NYSE MKT Rule
6—Equities.
8 The ‘‘Trading Floor’’ means the restricted-access
physical areas designated by the Exchange for the
trading of securities, commonly known as the
‘‘Main Room’’ and the ‘‘Buttonwood Room.’’ The
Trading Floor does not include the areas in the
‘‘Buttonwood Room’’ designated by the Exchange
where NYSE Amex-listed options securities are
traded (the ‘‘NYSE Amex Options Trading Floor’’),
or the physical area within fully enclosed telephone
booths located in 18 Broad Street at the Southeast
wall of the Trading Floor. See NYSE Rule 6A; NYSE
MKT Rule 6A—Equities.
9 See NYSE Rule 36, Supplementary Material
.20(a) and .23; NYSE MKT Rule 36—Equities,
Supplementary Material .20(a) and .23. NYSE MKT
specifies that the Exchange will approve the
maintenance of telephone lines only at the booth
location of a member or member organization. See
NYSE MKT Rule 36—Equities, Supplementary
Material .20(a).
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]]>Agencies
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32394-32396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14659]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81090; File No. SR-NASDAQ-2017-063]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the SPY Pilot Program
July 7, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 29, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``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 the
Substance of the Proposed Rule Change
The Exchange proposes to extend for another twelve (12) month time
period the pilot program to eliminate position limits for options on
the SPDR[supreg] S&P 500[supreg] exchange-traded fund (``SPY ETF'' or
``SPY''),\3\ which list and trade under the symbol SPY (``SPY Pilot
Program'').
---------------------------------------------------------------------------
\3\ ``SPDR[supreg],'' ``Standard & Poor's[supreg],''
``S&P[supreg],'' ``S&P 500[supreg],'' and ``Standard & Poor's 500''
are registered trademarks of Standard & Poor's Financial Services
LLC. The SPY ETF represents ownership in the SPDR S&P 500 Trust, a
unit investment trust that generally corresponds to the price and
yield performance of the SPDR S&P 500 Index.
---------------------------------------------------------------------------
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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 purpose of the proposed rule change is to amend the
Supplementary Material at the end of Chapter III, Section 7 (Position
Limits), to extend the current pilot which expires on July 12, 2017 for
an additional twelve (12) month time period to July 12, 2018
(``Extended Pilot''). This filing does not propose any substantive
changes to the SPY Pilot Program. In proposing to extend the SPY Pilot
Program, the Exchange reaffirms its consideration of several factors
that supported the original proposal of the SPY Pilot Program,
including (1) the availability of economically equivalent products and
their respective position limits; (2) the liquidity of the option and
the underlying security; (3) the market capitalization of the
underlying security and the related index; (4) the reporting of large
positions and requirements
[[Page 32395]]
surrounding margin; and (5) the potential for market on close
volatility.
With this proposal, the Exchange submits the SPY report to the
Commission, which report reflects, during the time period from May 2016
through May 2017, the trading of standardized SPY options with no
position limits consistent with option exchange provisions.\4\ The
report was prepared in the manner specified in the Exchange's prior
rule filing extending the SPY Pilot Program.\5\ The Exchange notes that
it is unaware of any problems created by the SPY Pilot Program and does
not foresee any as a result of the proposed extension. The proposed
extension will allow the Exchange and the Commission additional time to
further evaluate the pilot program and its effect on the market.
---------------------------------------------------------------------------
\4\ The report is attached as Exhibit 3 [sic].
\5\ See Securities Exchange Act Release No. 78123 (June 22,
2016), 81 FR 42030 (June 28, 2016) (SR-NASDAQ-2016-084).
---------------------------------------------------------------------------
As with the original proposal to establish the SPY Pilot Program,
the Exchange represents that a SPY Pilot Report will be submitted at
least thirty (30) days before the end of the Extended Pilot and would
analyze that period. The Pilot Report will detail the size and
different types of strategies employed with respect to positions
established as a result of the elimination of position limits in SPY.
In addition, the report will note whether any problems resulted due to
the no limit approach and any other information that may be useful in
evaluating the effectiveness of the Extended Pilot. The Pilot Report
will compare the impact of the SPY Pilot Program, if any, on the
volumes of SPY options and the volatility in the price of the
underlying SPY shares, particularly at expiration during the Extended
Pilot. In preparing the report the Exchange will utilize various data
elements such as volume and open interest. In addition the Exchange
will make available to Commission staff data elements relating to the
effectiveness of the SPY Pilot Program. Conditional on the findings in
the SPY Pilot Report, the Exchange will file with the Commission a
proposal to extend the pilot program, adopt the pilot program on a
permanent basis or terminate the pilot. If the SPY Pilot Program is not
extended or adopted on a permanent basis by the expiration of the
Extended Pilot, the position limits for SPY options would revert to
limits in effect prior to the commencement of the SPY Pilot Program.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change would be
beneficial to market participants, including market makers,
institutional investors and retail investors, by permitting them to
establish greater positions when pursuing their investment goals and
needs. The Exchange also believes that economically equivalent products
should be treated in an equivalent manner so as to avoid regulatory
arbitrage, especially with respect to position limits. Treating SPY and
SPX options differently by virtue of imposing different position limits
is inconsistent with the notion of promoting just and equitable
principles of trade and removing impediments to perfect the mechanisms
of a free and open market. At the same time, the Exchange believes that
the elimination of position limits for SPY options would not increase
market volatility or facilitate the ability to manipulate the market.
B. Self-Regulatory Organization's Statement on Burden on Competition
The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. In this regard, the Exchange notes that the rule change is
being proposed as a competitive response to similar filings that the
Exchange expects to be filed by other options exchanges. The Exchange
believes this proposed rule change is necessary to permit fair
competition among the options exchanges and to establish uniform
position limits for a multiply listed options class.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\8\
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\8\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with 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.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ 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 Exchange
believes that waiver of the operative delay is consistent with the
protection of investors and the public interest because it will allow
the SPY Pilot Program to continue without interruption. 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
proposed rule change operative upon filing.\11\
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\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
[[Page 32396]]
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-NASDAQ-2017-063 on the subject line.
Paper Comments
Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2017-063. 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 such 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-NASDAQ-2017-063, and should
be submitted on or before August 3, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-14659 Filed 7-12-17; 8:45 am]
BILLING CODE 8011-01-P
