82_FR_59064 82 FR 58825 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing of Proposed Rule Change To Amend the Exchange Rules To Make Permanent a Program That Allows Transactions To Take Place in Open Outcry Trading at Prices of at Least $0 But Less Than $1 per Option Contract (“Sub-Dollar Cabinet Trades”)

82 FR 58825 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing of Proposed Rule Change To Amend the Exchange Rules To Make Permanent a Program That Allows Transactions To Take Place in Open Outcry Trading at Prices of at Least $0 But Less Than $1 per Option Contract (“Sub-Dollar Cabinet Trades”)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 239 (December 14, 2017)

Page Range58825-58827
FR Document2017-26912

Federal Register, Volume 82 Issue 239 (Thursday, December 14, 2017)
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Notices]
[Pages 58825-58827]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26912]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82245; File No. SR-Phlx-2017-99]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
of Proposed Rule Change To Amend the Exchange Rules To Make Permanent a 
Program That Allows Transactions To Take Place in Open Outcry Trading 
at Prices of at Least $0 But Less Than $1 per Option Contract (``Sub-
Dollar Cabinet Trades'')

December 8, 2017.
    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 November 29, 2017 Nasdaq PHLX LLC (``Phlx'' 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 Substance 
of the Proposed Rule Change

    The Exchange proposes to a proposal[sic] to amend the Exchange's 
rules to make permanent a program that allows transactions to take 
place in open outcry trading at prices of at least $0 but less than $1 
per option contract (``sub-dollar cabinet trades'').
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqphlx.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 Exchange proposes to amend Rule 1059 to make permanent a 
program that allows transactions to take place at a price that is below 
$1 per option contract.\3\ The program is currently subject to a pilot 
that is scheduled to expire on January 5, 2018.\4\
---------------------------------------------------------------------------

    \3\ See Commentary .02, Limit Orders Priced Below $1, to 
Exchange Rule 1059, Accommodation Transactions.
    \4\ See Securities Exchange Act Release No. 79782 (January 12, 
2017), 82 FR 6667 (January 19, 2017) (SR-Phlx-2017-01). The Exchange 
initially adopted the program in 2010. See Securities Exchange Act 
Release No. 63626 (December 30, 2010), 76 FR 812 (January 6, 2011) 
(SR-Phlx-2010-185).
---------------------------------------------------------------------------

    An ``accommodation'' or ``cabinet'' trade refers to trades in 
listed options on the Exchange that are worthless or not actively 
traded. Trading is generally conducted in accordance with Exchange 
Rules, except as provided in Exchange Rule 1059, Accommodation 
Transactions (Cabinet Trades), which sets forth specific procedures for 
engaging in cabinet trades.
    Rule 1059 provides that a ``cabinet order'' is a closing limit 
order at a price of $1 per option contract for the account of a 
customer, firm, specialist or ROT. An opening order is not a ``cabinet 
order'' but may in certain cases be matched with a cabinet order. Prior 
to the pilot program, only closing limit orders at a price of $1 per 
option contract for the accounts of customer, firm, specialists and 
Registered Options Traders (``ROTs'') could be placed in the cabinet.
    Rule 1059 currently provides that cabinet transactions at a price 
of $1 per option contract may occur via open outcry in any options 
series open for trading on the Exchange. However, the $1 Cabinet 
Trading procedures are not available in Penny Pilot Program classes

[[Page 58826]]

because in those classes an option series can trade in a standard 
increment as low as $ 0.01 per share (or $1.00 per option contract with 
a 100 share multiplier).
    The Exchange amended the Cabinet Trading procedures to allow 
transactions to take place in open outcry at a price of at least $0 but 
less than $1 per option contract. This amendment expires on January 5, 
2018. These lower-priced transactions are permitted to be traded 
pursuant to the same procedures applicable to $1 Cabinet Trades, except 
that (i) bids and offers for opening transactions are only permitted to 
accommodate closing transactions, and (ii) transactions in option 
classes participating in the Penny Pilot Program are permitted. The 
Exchange believes that allowing a price of at least $0 but less than $1 
better accommodates the closing of options positions in series that are 
worthless or not actively traded, particularly when there has been a 
significant move in the price of the underlying security, resulting in 
a large number of series being out-of-the-money. For example, a market 
participant might have a long position in a put series with a strike 
price of $30 and the underlying stock might be trading at $100. In such 
an instance, there is likely no market to close-out the position, even 
at the $1 cabinet price.
    As with other accommodation liquidations under Rule 1059, 
transactions at prices less than $1 are not disseminated to the public 
on the consolidated tape. In addition, as with other accommodation 
liquidations under Rule 1059, the transactions are exempt from the 
Consolidated Options Audit Trail (``COATS'') requirements of Exchange 
Rule 1063(e)(i). However, Rule 1059 requires all transactions, 
including transaction for less than $1, to be reported to the Exchange 
following the close of each business day.
    The Exchange notes that while the level of liquidation trades is 
not meaningful, such trades serve an essential purpose in that they 
allow market participants to close out options positions that are 
worthless or not actively trading. To illustrate, in 2016, there were a 
total of 442 Cabinet Trades comprising 244,734 contracts. Each contract 
was executed at a trade price of $ 0.01. The Exchange believes this 
level of trading demonstrates the benefit of the current program to 
market participants.
    The current rule was adopted on a pilot basis to provide the 
Exchange time to evaluate the efficacy of the change and to address any 
operational issues that might arise in processing Cabinet trades. In 
support of making the program permanent, the Exchange represents that 
there are no operational issues in processing and clearing Cabinet 
Trades in penny and subpenny increments. The Exchange is also not aware 
of the Options Clearing Corporation (``OCC'') having operational issues 
with processing Cabinet trades submitted by the Exchange. Each Cabinet 
Trade is input manually into the clearing system, and then flows 
seamlessly for settlement at OCC. More specifically, upon receiving an 
order for a Cabinet Trade, a Floor Broker fills out a designated 
cabinet transaction form provided by the Exchange noting the order 
details. The Floor Broker subsequently calls for a market for the order 
by announcing the terms of the order to the trading crowd. The Floor 
Broker proceeds to execute the order and submits the designated cabinet 
transaction form to the Nasdaq Market Operations staff for clearance 
and reporting at the close of the business day. Nasdaq Market 
Operations staff then enter the transaction into the Phlx system, which 
transmits the trade to OCC for clearance and settlement.
    At the time of adoption of the pilot the Phlx system permitted 
reporting a cabinet trade at a price as small as $0.0001, as it does 
today. The Exchange system allows Cabinet trades to be processed in a 
manner similar to how all other trades are processed by the exchange.
    Additionally, the Exchange notes that members and member 
organizations have not raised any concerns with the processing of 
Cabinet Trades.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest. 
The Exchange believes that liquidation trades promote competition and 
afford market participants the opportunity to close out their options 
positions. The Exchange believes that permanently approving the rules 
that allow for liquidations at a price less than $1 per option contract 
would better facilitate the closing of options positions that are 
worthless or not actively trading, especially in Penny Pilot issues 
where Cabinet Trades are not otherwise permitted. The Exchange believes 
that approving the program on a permanent basis is also consistent with 
the Act. With respect to the level of liquidation trades transacted on 
the Exchange, the Exchange believes that the data gathered provides 
meaningful support to make the program permanent.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 believes that 
approving the program on a permanent basis will not impact competition, 
as it will continue to facilitate members' ability to close positions 
in worthless or not actively traded series.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission shall: (a) By order approve 
or disapprove such proposed rule change, or (b) institute proceedings 
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2017-99 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.


[[Page 58827]]


All submissions should refer to File Number SR-Phlx-2017-99. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-Phlx-2017-99 and should be submitted on 
or before December 29, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-26912 Filed 12-13-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                          Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices                                                   58825

                                                2017, it filed with the Postal Regulatory               SUPPLEMENTARY INFORMATION:      The                     II. Self-Regulatory Organization’s
                                                Commission a USPS Request to Add                        United States Postal Service® hereby                    Statement of the Purpose of, and
                                                Priority Mail Express & Priority Mail                   gives notice that, pursuant to 39 U.S.C.                Statutory Basis for, the Proposed Rule
                                                Contract 54 to Competitive Product List.                3642 and 3632(b)(3), on December 8,                     Change
                                                Documents are available at                              2017, it filed with the Postal Regulatory                 In its filing with the Commission, the
                                                www.prc.gov, Docket Nos. MC2018–49,                     Commission a USPS Request to Add                        Exchange included statements
                                                CP2018–80.                                              Priority Mail Contract 386 to                           concerning the purpose of and basis for
                                                                                                        Competitive Product List. Documents                     the proposed rule change and discussed
                                                Elizabeth A. Reed,
                                                                                                        are available at www.prc.gov, Docket                    any comments it received on the
                                                Attorney, Corporate and Postal Business Law.            Nos. MC2018–50, CP2018–81.
                                                [FR Doc. 2017–26905 Filed 12–13–17; 8:45 am]                                                                    proposed rule change. The text of these
                                                BILLING CODE 7710–12–P                                  Elizabeth A. Reed,                                      statements may be examined at the
                                                                                                        Attorney, Corporate and Postal Business Law.            places specified in Item IV below. The
                                                                                                        [FR Doc. 2017–26906 Filed 12–13–17; 8:45 am]            Exchange has prepared summaries, set
                                                POSTAL SERVICE                                          BILLING CODE 7710–12–P
                                                                                                                                                                forth in sections A, B, and C below, of
                                                                                                                                                                the most significant aspects of such
                                                Product Change—Priority Mail                                                                                    statements.
                                                Negotiated Service Agreement
                                                                                                                                                                A. Self-Regulatory Organization’s
                                                AGENCY: Postal ServiceTM.                               SECURITIES AND EXCHANGE                                 Statement of the Purpose of, and
                                                                                                        COMMISSION                                              Statutory Basis for, the Proposed Rule
                                                ACTION: Notice.
                                                                                                                                                                Change
                                                SUMMARY:    The Postal Service gives                    [Release No. 34–82245; File No. SR–Phlx–
                                                                                                        2017–99]
                                                                                                                                                                1. Purpose
                                                notice of filing a request with the Postal
                                                Regulatory Commission to add a                                                                                     The Exchange proposes to amend
                                                domestic shipping services contract to                  Self-Regulatory Organizations; Nasdaq                   Rule 1059 to make permanent a program
                                                the list of Negotiated Service                          PHLX LLC; Notice of Filing of                           that allows transactions to take place at
                                                Agreements in the Mail Classification                   Proposed Rule Change To Amend the                       a price that is below $1 per option
                                                Schedule’s Competitive Products List.                   Exchange Rules To Make Permanent a                      contract.3 The program is currently
                                                                                                        Program That Allows Transactions To                     subject to a pilot that is scheduled to
                                                DATES: Date of notice required under 39                 Take Place in Open Outcry Trading at                    expire on January 5, 2018.4
                                                U.S.C. 3642(d)(1): December 14, 2017.                   Prices of at Least $0 But Less Than $1                     An ‘‘accommodation’’ or ‘‘cabinet’’
                                                FOR FURTHER INFORMATION CONTACT:                        per Option Contract (‘‘Sub-Dollar                       trade refers to trades in listed options on
                                                Elizabeth A. Reed, 202–268–3179.                        Cabinet Trades’’)                                       the Exchange that are worthless or not
                                                SUPPLEMENTARY INFORMATION: The                                                                                  actively traded. Trading is generally
                                                                                                        December 8, 2017.
                                                United States Postal Service® hereby                                                                            conducted in accordance with Exchange
                                                gives notice that, pursuant to 39 U.S.C.                   Pursuant to Section 19(b)(1) of the
                                                                                                                                                                Rules, except as provided in Exchange
                                                3642 and 3632(b)(3), on December 8,                     Securities Exchange Act of 1934
                                                                                                                                                                Rule 1059, Accommodation
                                                2017, it filed with the Postal Regulatory               (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                                                                Transactions (Cabinet Trades), which
                                                Commission a USPS Request to Add                        notice is hereby given that on November
                                                                                                                                                                sets forth specific procedures for
                                                Priority Mail Contract 387 to                           29, 2017 Nasdaq PHLX LLC (‘‘Phlx’’ or
                                                                                                                                                                engaging in cabinet trades.
                                                Competitive Product List. Documents                     ‘‘Exchange’’) filed with the Securities
                                                                                                                                                                   Rule 1059 provides that a ‘‘cabinet
                                                are available at www.prc.gov, Docket                    and Exchange Commission (‘‘SEC’’ or
                                                                                                                                                                order’’ is a closing limit order at a price
                                                Nos. MC2018–52, CP2018–83.                              ‘‘Commission’’) the proposed rule
                                                                                                                                                                of $1 per option contract for the account
                                                                                                        change as described in Items I and II
                                                                                                                                                                of a customer, firm, specialist or ROT.
                                                Elizabeth A. Reed,                                      below, which Items have been prepared
                                                                                                                                                                An opening order is not a ‘‘cabinet
                                                Attorney, Corporate and Postal Business Law.            by the Exchange. The Commission is
                                                                                                                                                                order’’ but may in certain cases be
                                                [FR Doc. 2017–26908 Filed 12–13–17; 8:45 am]            publishing this notice to solicit
                                                                                                                                                                matched with a cabinet order. Prior to
                                                BILLING CODE 7710–12–P                                  comments on the proposed rule change
                                                                                                                                                                the pilot program, only closing limit
                                                                                                        from interested persons.
                                                                                                                                                                orders at a price of $1 per option
                                                                                                        I. Self-Regulatory Organization’s                       contract for the accounts of customer,
                                                POSTAL SERVICE                                          Statement of the Terms of Substance of                  firm, specialists and Registered Options
                                                Product Change—Priority Mail                            the Proposed Rule Change                                Traders (‘‘ROTs’’) could be placed in the
                                                Negotiated Service Agreement                               The Exchange proposes to a                           cabinet.
                                                                                                        proposal[sic] to amend the Exchange’s                      Rule 1059 currently provides that
                                                AGENCY:   Postal    ServiceTM.                          rules to make permanent a program that                  cabinet transactions at a price of $1 per
                                                ACTION:   Notice.                                       allows transactions to take place in open               option contract may occur via open
                                                                                                        outcry trading at prices of at least $0 but             outcry in any options series open for
                                                SUMMARY:    The Postal Service gives                    less than $1 per option contract (‘‘sub-                trading on the Exchange. However, the
                                                notice of filing a request with the Postal              dollar cabinet trades’’).                               $1 Cabinet Trading procedures are not
                                                Regulatory Commission to add a                             The text of the proposed rule change                 available in Penny Pilot Program classes
                                                domestic shipping services contract to                  is available on the Exchange’s website at
sradovich on DSK3GMQ082PROD with NOTICES




                                                the list of Negotiated Service                          http://nasdaqphlx.cchwallstreet.com/,
                                                                                                                                                                   3 See Commentary .02, Limit Orders Priced Below

                                                Agreements in the Mail Classification                                                                           $1, to Exchange Rule 1059, Accommodation
                                                                                                        at the principal office of the Exchange,                Transactions.
                                                Schedule’s Competitive Products List.                   and at the Commission’s Public                             4 See Securities Exchange Act Release No. 79782

                                                DATES: Date of notice required under 39                 Reference Room.                                         (January 12, 2017), 82 FR 6667 (January 19, 2017)
                                                U.S.C. 3642(d)(1): December 14, 2017.                                                                           (SR–Phlx–2017–01). The Exchange initially adopted
                                                                                                                                                                the program in 2010. See Securities Exchange Act
                                                FOR FURTHER INFORMATION CONTACT:                          1 15   U.S.C. 78s(b)(1).                              Release No. 63626 (December 30, 2010), 76 FR 812
                                                Elizabeth A. Reed, 202–268–3179.                          2 17   CFR 240.19b–4.                                 (January 6, 2011) (SR–Phlx–2010–185).



                                           VerDate Sep<11>2014   21:28 Dec 13, 2017   Jkt 244001   PO 00000   Frm 00034     Fmt 4703   Sfmt 4703   E:\FR\FM\14DEN1.SGM   14DEN1


                                                58826                     Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices

                                                because in those classes an option series               represents that there are no operational                approving the program on a permanent
                                                can trade in a standard increment as low                issues in processing and clearing                       basis is also consistent with the Act.
                                                as $ 0.01 per share (or $1.00 per option                Cabinet Trades in penny and subpenny                    With respect to the level of liquidation
                                                contract with a 100 share multiplier).                  increments. The Exchange is also not                    trades transacted on the Exchange, the
                                                   The Exchange amended the Cabinet                     aware of the Options Clearing                           Exchange believes that the data gathered
                                                Trading procedures to allow                             Corporation (‘‘OCC’’) having operational                provides meaningful support to make
                                                transactions to take place in open outcry               issues with processing Cabinet trades                   the program permanent.
                                                at a price of at least $0 but less than $1              submitted by the Exchange. Each
                                                per option contract. This amendment                     Cabinet Trade is input manually into                    B. Self-Regulatory Organization’s
                                                expires on January 5, 2018. These lower-                the clearing system, and then flows                     Statement on Burden on Competition
                                                priced transactions are permitted to be                 seamlessly for settlement at OCC. More                     The Exchange does not believe that
                                                traded pursuant to the same procedures                  specifically, upon receiving an order for               the proposed rule change will impose
                                                applicable to $1 Cabinet Trades, except                 a Cabinet Trade, a Floor Broker fills out               any burden on competition not
                                                that (i) bids and offers for opening                    a designated cabinet transaction form                   necessary or appropriate in furtherance
                                                transactions are only permitted to                      provided by the Exchange noting the                     of the purposes of the Act. The
                                                accommodate closing transactions, and                   order details. The Floor Broker                         Exchange believes that approving the
                                                (ii) transactions in option classes                     subsequently calls for a market for the                 program on a permanent basis will not
                                                participating in the Penny Pilot Program                order by announcing the terms of the                    impact competition, as it will continue
                                                are permitted. The Exchange believes                    order to the trading crowd. The Floor                   to facilitate members’ ability to close
                                                that allowing a price of at least $0 but                Broker proceeds to execute the order                    positions in worthless or not actively
                                                less than $1 better accommodates the                    and submits the designated cabinet                      traded series.
                                                closing of options positions in series                  transaction form to the Nasdaq Market
                                                that are worthless or not actively traded,              Operations staff for clearance and                      C. Self-Regulatory Organization’s
                                                particularly when there has been a                      reporting at the close of the business                  Statement on Comments on the
                                                significant move in the price of the                    day. Nasdaq Market Operations staff                     Proposed Rule Change Received From
                                                underlying security, resulting in a large               then enter the transaction into the Phlx                Members, Participants, or Others
                                                number of series being out-of-the-                      system, which transmits the trade to                      No written comments were either
                                                money. For example, a market                            OCC for clearance and settlement.                       solicited or received.
                                                participant might have a long position                     At the time of adoption of the pilot
                                                in a put series with a strike price of $30              the Phlx system permitted reporting a                   III. Date of Effectiveness of the
                                                and the underlying stock might be                       cabinet trade at a price as small as                    Proposed Rule Change and Timing for
                                                trading at $100. In such an instance,                   $0.0001, as it does today. The Exchange                 Commission Action
                                                there is likely no market to close-out the              system allows Cabinet trades to be                        Within 45 days of the date of
                                                position, even at the $1 cabinet price.                 processed in a manner similar to how                    publication of this notice in the Federal
                                                   As with other accommodation                          all other trades are processed by the                   Register or within such longer period
                                                liquidations under Rule 1059,                           exchange.
                                                transactions at prices less than $1 are                                                                         up to 90 days (i) as the Commission may
                                                                                                           Additionally, the Exchange notes that
                                                not disseminated to the public on the                                                                           designate if it finds such longer period
                                                                                                        members and member organizations
                                                consolidated tape. In addition, as with                                                                         to be appropriate and publishes its
                                                                                                        have not raised any concerns with the
                                                other accommodation liquidations                                                                                reasons for so finding or (ii) as to which
                                                                                                        processing of Cabinet Trades.
                                                under Rule 1059, the transactions are                                                                           the Exchange consents, the Commission
                                                exempt from the Consolidated Options                    2. Statutory Basis                                      shall: (a) By order approve or
                                                Audit Trail (‘‘COATS’’) requirements of                    The Exchange believes that its                       disapprove such proposed rule change,
                                                Exchange Rule 1063(e)(i). However,                      proposal is consistent with Section 6(b)                or (b) institute proceedings to determine
                                                Rule 1059 requires all transactions,                    of the Act,5 in general, and furthers the               whether the proposed rule change
                                                including transaction for less than $1, to              objectives of Section 6(b)(5) of the Act,6              should be disapproved.
                                                be reported to the Exchange following                   in particular, in that it is designed to                IV. Solicitation of Comments
                                                the close of each business day.                         promote just and equitable principles of
                                                   The Exchange notes that while the                    trade, to remove impediments to and                       Interested persons are invited to
                                                level of liquidation trades is not                      perfect the mechanism of a free and                     submit written data, views, and
                                                meaningful, such trades serve an                        open market and a national market                       arguments concerning the foregoing,
                                                essential purpose in that they allow                    system, and, in general to protect                      including whether the proposed rule
                                                market participants to close out options                investors and the public interest. The                  change is consistent with the Act.
                                                positions that are worthless or not                     Exchange believes that liquidation                      Comments may be submitted by any of
                                                actively trading. To illustrate, in 2016,               trades promote competition and afford                   the following methods:
                                                there were a total of 442 Cabinet Trades                market participants the opportunity to                  Electronic Comments
                                                comprising 244,734 contracts. Each                      close out their options positions. The
                                                contract was executed at a trade price of               Exchange believes that permanently                        • Use the Commission’s internet
                                                $ 0.01. The Exchange believes this level                approving the rules that allow for                      comment form (http://www.sec.gov/
                                                of trading demonstrates the benefit of                  liquidations at a price less than $1 per                rules/sro.shtml); or
                                                the current program to market                           option contract would better facilitate                   • Send an email to rule-comments@
                                                                                                                                                                sec.gov. Please include File Number SR–
sradovich on DSK3GMQ082PROD with NOTICES




                                                participants.                                           the closing of options positions that are
                                                   The current rule was adopted on a                    worthless or not actively trading,                      Phlx–2017–99 on the subject line.
                                                pilot basis to provide the Exchange time                especially in Penny Pilot issues where                  Paper Comments
                                                to evaluate the efficacy of the change                  Cabinet Trades are not otherwise
                                                and to address any operational issues                   permitted. The Exchange believes that                     • Send paper comments in triplicate
                                                that might arise in processing Cabinet                                                                          to Secretary, Securities and Exchange
                                                trades. In support of making the                          5 15   U.S.C. 78f(b).                                 Commission, 100 F Street NE,
                                                program permanent, the Exchange                           6 15   U.S.C. 78f(b)(5).                              Washington, DC 20549–1090.


                                           VerDate Sep<11>2014   21:28 Dec 13, 2017   Jkt 244001   PO 00000   Frm 00035     Fmt 4703   Sfmt 4703   E:\FR\FM\14DEN1.SGM   14DEN1


                                                                            Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Notices                                                    58827

                                                All submissions should refer to File                      SECURITIES AND EXCHANGE                                comments from the Participants.5 On
                                                Number SR–Phlx–2017–99. This file                         COMMISSION                                             June 30, 2017, the Commission
                                                number should be included on the                          [Release No. 34–82253; File No. SR–FINRA–
                                                                                                                                                                 temporarily suspended and initiated
                                                subject line if email is used. To help the                2017–011]                                              proceedings to determine whether to
                                                Commission process and review your                                                                               approve or disapprove the proposed
                                                comments more efficiently, please use                     Self-Regulatory Organizations;                         rule change.6 The Commission
                                                only one method. The Commission will                      Financial Industry Regulatory                          thereafter received seven comment
                                                post all comments on the Commission’s                     Authority, Inc.; Notice of Filing of                   letters,7 and a response to comments
                                                internet website (http://www.sec.gov/                     Amendment No. 1 to a Proposed Rule                     from the Participants.8 On November 9,
                                                rules/sro.shtml). Copies of the                           Change to Adopt a Fee Schedule to                      2017, the Commission extended the
                                                submission, all subsequent                                Establish the Fees for Industry                        time period within which to approve
                                                amendments, all written statements                        Members Related to the National                        the proposed rule change or disapprove
                                                with respect to the proposed rule                         Market System Plan Governing the                       the proposed rule change to January 14,
                                                change that are filed with the                            Consolidated Audit Trail                               2018.9 On December 1, 2017, FINRA
                                                Commission, and all written                               December 8, 2017.                                      filed Amendment No. 1 to the proposed
                                                communications relating to the                               On May 8, 2017, Financial Industry                  rule change, as described in Items I and
                                                proposed rule change between the                          Regulatory Authority, Inc. (‘‘FINRA’’)                 II below, which Items have been
                                                Commission and any person, other than                     filed with the Securities and Exchange
                                                those that may be withheld from the                       Commission (‘‘Commission’’), pursuant                  comments/sr-batsedgx-2017-22/batsedgx201722-
                                                public in accordance with the                             to Section 19(b)(1) of the Securities                  154443.pdf. The Commission also received a
                                                                                                                                                                 comment letter which is not pertinent to these
                                                provisions of 5 U.S.C. 552, will be                       Exchange Act of 1934 (‘‘Act’’) 1 and Rule              proposed rule changes. See Letter from Christina
                                                available for website viewing and                         19b–4 thereunder,2 a proposed rule                     Crouch, Smart Ltd., to Brent J. Fields, Secretary,
                                                printing in the Commission’s Public                       change to adopt a fee schedule to                      Commission (dated June 5, 2017), available at:
                                                Reference Room, 100 F Street NE,                          establish the fees for Industry Members                https://www.sec.gov/comments/sr-batsbzx-2017-38/
                                                                                                          related to the National Market System                  batsbzx201738-1785545-153152.htm.
                                                Washington, DC 20549, on official                                                                                   5 See Letter from CAT NMS Plan Participants to

                                                business days between the hours of                        Plan Governing the Consolidated Audit                  Brent J. Fields, Secretary, Commission (dated June
                                                                                                          Trail (‘‘CAT NMS Plan’’). The proposed                 29, 2017), available at: https://www.sec.gov/
                                                10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                          rule change was published in the                       comments/sr-batsbyx-2017-11/batsbyx201711-
                                                filing also will be available for                                                                                1832632-154584.pdf.
                                                                                                          Federal Register for comment on May
                                                inspection and copying at the principal                   22, 2017.3 The Commission received
                                                                                                                                                                    6 See Securities Exchange Act Release No. 81067

                                                office of the Exchange. All comments                      seven comment letters on the proposed
                                                                                                                                                                 (June 30, 2017), 82 FR 31656 (July 7, 2017).
                                                                                                                                                                    7 See Letter from W. Hardy Callcott, Partner,
                                                received will be posted without change.                   rule change,4 and a response to                        Sidley Austin LLP, to Brent J. Fields, Secretary,
                                                Persons submitting comments are                                                                                  Commission (dated July 27, 2017), available at:
                                                cautioned that we do not redact or edit                     1 15  U.S.C. 78s(b)(1).                              https://www.sec.gov/comments/sr-batsbyx-2017-11/
                                                personal identifying information from                       2 17  CFR 240.19b–4.                                 batsbyx201711-2148338-157737.pdf; Letter from
                                                                                                                                                                 Kevin Coleman, General Counsel and Chief
                                                comment submissions. You should                              3 See Securities Exchange Act Release Nos. 80710
                                                                                                                                                                 Compliance Officer, Belvedere Trading LLC, to
                                                                                                          (May 17, 2017), 82 FR 23639 (May 23, 2017)
                                                submit only information that you wish                     (‘‘Original Proposal’’).                               Brent J. Fields, Secretary, Commission (dated July
                                                to make available publicly. All                              4 Since the CAT NMS Plan Participants’ proposed     28, 2017), available at: https://www.sec.gov/
                                                submissions should refer to File                          rule changes to adopt fees to be charged to Industry   comments/sr-batsbyx-2017-11/batsbyx201711-
                                                                                                          Members to fund the consolidated audit trail are       2148360-157740.pdf; Letter from Joanna Mallers,
                                                Number SR–Phlx–2017–99 and should                                                                                Secretary, FIA Principal Traders Group, to Brent J.
                                                                                                          substantively identical, the Commission is
                                                be submitted on or before December 29,                    considering all comments received on the proposed      Fields, Secretary, Commission (dated July 28, 2017),
                                                2017.                                                     rule changes regardless of the comment file to         available at: https://www.sec.gov/comments/sr-
                                                                                                          which they were submitted. See text accompanying       batsbyx-2017-11/batsbyx201711-2151228-
                                                  For the Commission, by the Division of                  notes 12–15 infra, for a list of the CAT NMS Plan      157745.pdf; Letter from Theodore R. Lazo,
                                                Trading and Markets, pursuant to delegated                Participants. See Letter from Theodore R. Lazo,        Managing Director and Associate General Counsel,
                                                authority.7                                               Managing Director and Associate General Counsel,       SIFMA, to Brent J. Fields, Secretary, Commission
                                                                                                          Securities Industry and Financial Markets              (dated July 28, 2017), available at: https://
                                                Eduardo A. Aleman,                                        Association, to Brent J. Fields, Secretary,            www.sec.gov/comments/sr-batsbyx-2017-11/batsbyx
                                                Assistant Secretary.                                      Commission (dated June 6, 2017), available at:         201711-2150977-157744.pdf; Letter from Stuart J.
                                                                                                          https://www.sec.gov/comments/sr-batsbzx-2017-38/       Kaswell, Executive Vice President and Managing
                                                [FR Doc. 2017–26912 Filed 12–13–17; 8:45 am]                                                                     Director, General Counsel, Managed Funds
                                                                                                          batsbzx201738-1788188-153228.pdf; Letter from
                                                BILLING CODE 8011–01–P                                    Patricia L. Cerny and Steven O’Malley, Compliance      Association, to Brent J. Fields, Secretary,
                                                                                                          Consultants, to Brent J. Fields, Secretary,            Commission (dated July 28, 2017), available at:
                                                                                                          Commission (dated June 12, 2017), available at:        https://www.sec.gov/comments/sr-batsbyx-2017-11/
                                                                                                          https://www.sec.gov/comments/sr-cboe-2017-040/         batsbyx201711-2150818-157743.pdf; Letter from
                                                                                                          cboe2017040-1799253-153675.pdf; Letter from            John Kinahan, Chief Executive Officer, Group One
                                                                                                          Daniel Zinn, General Counsel, OTC Markets Group        Trading, L.P., to Brent J. Fields, Secretary,
                                                                                                          Inc., to Eduardo A. Aleman, Assistant Secretary,       Commission (dated August 10, 2017), available at:
                                                                                                          Commission (dated June 13, 2017), available at:        https://www.sec.gov/comments/sr-finra-2017-011/
                                                                                                          https://www.sec.gov/comments/sr-finra-2017-011/        finra2017011-2214568-160619.pdf; Letter from
                                                                                                          finra2017011-1801717-153703.pdf; Letter from           Joseph Molluso, Executive Vice President and CFO,
                                                                                                          Joanna Mallers, Secretary, FIA Principal Traders       Virtu Financial, to Brent J. Fields, Commission
                                                                                                          Group, to Brent J. Fields, Secretary, Commission       (dated August 18, 2017), available at: https://
                                                                                                          (dated June 22, 2017), available at: https://          www.sec.gov/comments/sr-finra-2017-011/finra
                                                                                                          www.sec.gov/comments/sr-cboe-2017-040/cboe             2017011-2238648-160830.pdf.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                    8 See Letter from Michael Simon, Chair, CAT
                                                                                                          2017040-1819670-154195.pdf; Letter from Stuart J.
                                                                                                          Kaswell, Executive Vice President and Managing         NMS Plan Operating Committee, to Brent J. Fields,
                                                                                                          Director, General Counsel, Managed Funds               Commission, Secretary (dated November 2, 2017),
                                                                                                          Association, to Brent J. Fields, Secretary,            available at https://www.sec.gov/comments/sr-
                                                                                                          Commission (dated June 23, 2017), available at:        batsbyx-2017-11/batsbyx201711-2674608-
                                                                                                          https://www.sec.gov/comments/sr-finra-2017-011/        161412.pdf.
                                                                                                          finra2017011-1822454-154283.pdf; and Letter from          9 See Securities Exchange Act Release No. 82049

                                                                                                          Suzanne H. Shatto, Investor, to Commission (dated      (November 9, 2017), 82 FR 53549 (November 16,
                                                  7 17   CFR 200.30–3(a)(12).                             June 27, 2017), available at: https://www.sec.gov/     2017).



                                           VerDate Sep<11>2014     21:28 Dec 13, 2017   Jkt 244001   PO 00000   Frm 00036   Fmt 4703   Sfmt 4703   E:\FR\FM\14DEN1.SGM   14DEN1



Document Created: 2018-10-25 10:51:16
Document Modified: 2018-10-25 10:51:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 58825 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR