82_FR_61598 82 FR 61351 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Penny Pilot Program

82 FR 61351 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61351-61353
FR Document2017-27831

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61351-61353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27831]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82370; File No. SR-Phlx-2017-104]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Extend the Penny 
Pilot Program

December 20, 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 December 12, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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    I. Self-Regulatory Organization's Statement of the Terms of 
Substance of the Proposed Rule Change
    The Exchange proposes to amend Phlx Rule 1034 (Minimum 
Increments)\3\ to extend through June 30, 2018 or the date of permanent 
approval, if earlier, the Penny Pilot Program in options classes in 
certain issues (``Penny Pilot'' or ``Pilot''), and to change the date 
when delisted classes may be replaced in the Penny Pilot.
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    \3\ References herein to rules refer to rules of Phlx, unless 
otherwise noted.
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    The text of the proposed rule change is set forth below. Proposed 
new language is underlined; deleted text is in brackets.
* * * * *

Nasdaq PHLX Rules

Options Rules

* * * * *

Rule 1034. Minimum Increments

    (a) Except as provided in sub-paragraphs (i)(B) and (iii) below, 
all options on stocks, index options, and Exchange Traded Fund Shares 
quoting in decimals at $3.00 or higher shall have a minimum increment 
of $.10, and all options on stocks and index options quoting in 
decimals under $3.00 shall have a minimum increment of $.05.
    (i)(A) No Change.
    (B) For a pilot period scheduled to expire June 30, 2018[December 
31, 2017] or the date of permanent approval, if earlier (the 
``pilot''), certain options shall be quoted and traded on the Exchange 
in minimum increments of $0.01 for all series in such options with a 
price of less than $3.00, and in minimum increments of $0.05 for all 
series in such options with a price of $3.00 or higher, except that 
options overlying the PowerShares QQQ Trust (``QQQQ'')[supreg], SPDR 
S&P 500 Exchange Traded Funds (``SPY''), and iShares Russell 2000 Index 
Funds (``IWM'') shall be quoted and traded in minimum increments of 
$0.01 for all series regardless of the price. A list of such options 
shall be communicated to membership via an Options Trader Alert 
(``OTA'') posted on the Exchange's website.
    The Exchange may replace any pilot issues that have been delisted 
with the next most actively traded multiply listed options classes that 
are not yet included in the pilot, based on trading activity in the 
previous six months. The replacement issues may be added to the pilot 
on the second trading day following January 1, 2018[July 1, 2017].
    (C) No Change.
    (ii)-(v) No Change.
* * * * *

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

    In its filing with the Commission, 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 this filing is to amend Phlx Rule 1034 to extend the 
Penny Pilot through June 30, 2018 or the date of permanent approval, if 
earlier,\4\ and to change the date when delisted classes may be 
replaced in the Penny Pilot. The Exchange believes that extending the 
Penny Pilot will allow for further analysis of the Penny Pilot and a 
determination of how the program should be structured in the future.
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    \4\ The options exchanges in the U.S. that have pilot programs 
similar to the Penny Pilot (together ``pilot programs'') are 
currently working on a proposal for permanent approval of the 
respective pilot programs.
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    Under the Penny Pilot, the minimum price variation for all 
participating options classes, except for the Nasdaq-100 Index Tracking 
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and 
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all 
quotations in options series that are quoted at less than $3 per 
contract and $0.05 for all quotations in options series that are quoted 
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01 
increments for all options series. The Penny Pilot is currently 
scheduled to expire on December 31, 2017.\5\
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    \5\ See Securities Exchange Act Release No. 80755 (May 24, 
2017), 82 FR 25025 (May 31, 2017) (SR-Phlx-2017-36).
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    The Exchange proposes to extend the time period of the Penny Pilot 
through June 30, 2018 or the date of permanent approval, if earlier, 
and to provide a revised date for adding replacement

[[Page 61352]]

issues to the Penny Pilot. The Exchange proposes that any Penny Pilot 
Program issues that have been delisted may be replaced on the second 
trading day following January 1, 2018. The replacement issues will be 
selected based on trading activity in the previous six months.\6\
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    \6\ The replacement issues will be announced to the Exchange's 
membership via an Options Trader Alert (OTA) posted on the 
Exchange's website. Penny Pilot replacement issues will be selected 
based on trading activity in the previous six months, as is the case 
today. The replacement issues would be identified based on The 
Options Clearing Corporation's trading volume data. For example, for 
the January replacement, trading volume from May 30, 2017 through 
November 30, 2017 would be analyzed. The month immediately preceding 
the replacement issues' addition to the Pilot Program (i.e., 
December) would not be used for purposes of the six-month analysis.
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    This filing does not propose any substantive changes to the Penny 
Pilot Program; all classes currently participating in the Penny Pilot 
will remain the same and all minimum increments will remain unchanged. 
The Exchange believes the benefits to public customers and other market 
participants who will be able to express their true prices to buy and 
sell options have been demonstrated to outweigh the potential increase 
in quote traffic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\8\ 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, and 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny 
Pilot for an additional six months through June 30, 2018 or the date of 
permanent approval, if earlier, and changes the date for replacing 
Penny Pilot issues that were delisted to the second trading day 
following January 1, 2018, will enable public customers and other 
market participants to express their true prices to buy and sell 
options for the benefit of all market participants. This is consistent 
with the Act.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, this proposal 
is pro-competitive because it allows Penny Pilot issues to continue 
trading on the Exchange.
    Moreover, the Exchange believes that the proposed rule change will 
allow for further analysis of the Pilot and a determination of how the 
Pilot should be structured in the future; and will serve to promote 
regulatory clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.
    The Pilot is an industry-wide initiative supported by all other 
option exchanges. The Exchange believes that extending the Pilot will 
allow for continued competition between market participants on the 
Exchange trading similar products as their counterparts on other 
exchanges, while at the same time allowing the Exchange to continue to 
compete for order flow with other exchanges in option issues trading as 
part of the Pilot.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\ 
Because the 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 prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally 
does not become operative prior to 30 days after the date of the 
filing.\12\ However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because doing so will allow the Pilot Program to continue without 
interruption in a manner that is consistent with the Commission's prior 
approval of the extension and expansion of the Pilot Program and will 
allow the Exchange and the Commission additional time to analyze the 
impact of the Pilot Program. Accordingly, the Commission designates the 
proposed rule change as operative upon filing with the Commission.\14\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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. The 
Exchange has satisfied this pre-filing requirement.
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the operative delay for this 
proposal, 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 such 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 under 
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

[[Page 61353]]

     Send an email to [email protected]. Please include 
File Number SR-Phlx-2017-104 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2017-104. 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-2017-104 and 
should be submitted on or before January 17, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27831 Filed 12-26-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                                      61351

                                               or in connection with a Co-Investment                      below, which Items have been prepared                    replacement issues may be added to the
                                               Transaction other than (i) in the case of                  by the Exchange. The Commission is                       pilot on the second trading day
                                               the Regulated Funds, the Affiliated                        publishing this notice to solicit                        following January 1, 2018[July 1, 2017].
                                               Funds and the Capital Markets                              comments on the proposed rule change                       (C) No Change.
                                               Affiliates, the pro rata transaction fees                  from interested persons.                                   (ii)–(v) No Change.
                                               described above and fees or other                             I. Self-Regulatory Organization’s                     *     *     *    *     *
                                               compensation described in Condition                        Statement of the Terms of Substance of
                                                                                                          the Proposed Rule Change                                 II. Self-Regulatory Organization’s
                                               2(c)(iii)(B)(z), (ii) brokerage or
                                                                                                             The Exchange proposes to amend                        Statement of the Purpose of, and
                                               underwriting compensation permitted
                                                                                                          Phlx Rule 1034 (Minimum Increments)3                     Statutory Basis for, the Proposed Rule
                                               by Section 17(e) or 57(k) or (iii) in the
                                                                                                          to extend through June 30, 2018 or the                   Change
                                               case of the Advisers, investment
                                               advisory compensation paid in                              date of permanent approval, if earlier,                     In its filing with the Commission, the
                                               accordance with investment advisory                        the Penny Pilot Program in options                       Exchange included statements
                                               agreements between the applicable                          classes in certain issues (‘‘Penny Pilot’’               concerning the purpose of and basis for
                                               Regulated Fund(s) or Affiliated Fund(s)                    or ‘‘Pilot’’), and to change the date when               the proposed rule change and discussed
                                               and its Adviser.                                           delisted classes may be replaced in the                  any comments it received on the
                                                 15. Independence. If the Holders own                     Penny Pilot.                                             proposed rule change. The text of these
                                               in the aggregate more than 25 percent of                      The text of the proposed rule change                  statements may be examined at the
                                               the Shares of a Regulated Fund, then the                   is set forth below. Proposed new                         places specified in Item IV below. The
                                               Holders will vote such Shares as                           language is underlined; deleted text is                  Exchange has prepared summaries, set
                                               directed by an independent third party                     in brackets.                                             forth in sections A, B, and C below, of
                                               when voting on (1) the election of                         *      *      *     *    *                               the most significant aspects of such
                                               directors; (2) the removal of one or more                                                                           statements.
                                                                                                          Nasdaq PHLX Rules
                                               directors; or (3) any other matter under                                                                            A. Self-Regulatory Organization’s
                                               either the Act or applicable State law                     Options Rules
                                                                                                                                                                   Statement of the Purpose of, and
                                               affecting the Board’s composition, size                    *      *       *      *       *                          Statutory Basis for, the Proposed Rule
                                               or manner of election.                                                                                              Change
                                                  16. Capital Markets Affiliates. The                     Rule 1034. Minimum Increments
                                               Capital Markets Affiliates will not be                        (a) Except as provided in sub-                        1. Purpose
                                               permitted to invest in a Potential Co-                     paragraphs (i)(B) and (iii) below, all                      The purpose of this filing is to amend
                                               Investment Transaction except to the                       options on stocks, index options, and                    Phlx Rule 1034 to extend the Penny
                                               extent the aggregate Internal Orders for                   Exchange Traded Fund Shares quoting                      Pilot through June 30, 2018 or the date
                                               a Potential Co-Investment Transaction,                     in decimals at $3.00 or higher shall have                of permanent approval, if earlier,4 and
                                               as described in Section III.A.1.b. of the                  a minimum increment of $.10, and all                     to change the date when delisted classes
                                               application, are less than the total                       options on stocks and index options                      may be replaced in the Penny Pilot. The
                                               investment opportunity.                                    quoting in decimals under $3.00 shall                    Exchange believes that extending the
                                                 For the Commission, by the Division of                   have a minimum increment of $.05.                        Penny Pilot will allow for further
                                               Investment Management, under delegated                        (i)(A) No Change.                                     analysis of the Penny Pilot and a
                                               authority.                                                    (B) For a pilot period scheduled to                   determination of how the program
                                               Eduardo A. Aleman,                                         expire June 30, 2018[December 31,                        should be structured in the future.
                                               Assistant Secretary.                                       2017] or the date of permanent                              Under the Penny Pilot, the minimum
                                               [FR Doc. 2017–27825 Filed 12–26–17; 8:45 am]               approval, if earlier (the ‘‘pilot’’), certain            price variation for all participating
                                               BILLING CODE 8011–01–P
                                                                                                          options shall be quoted and traded on                    options classes, except for the Nasdaq-
                                                                                                          the Exchange in minimum increments                       100 Index Tracking Stock (‘‘QQQQ’’),
                                                                                                          of $0.01 for all series in such options                  the SPDR S&P 500 Exchange Traded
                                               SECURITIES AND EXCHANGE                                    with a price of less than $3.00, and in                  Fund (‘‘SPY’’) and the iShares Russell
                                               COMMISSION                                                 minimum increments of $0.05 for all                      2000 Index Fund (‘‘IWM’’), is $0.01 for
                                                                                                          series in such options with a price of                   all quotations in options series that are
                                               [Release No. 34–82370; File No. SR–Phlx–                   $3.00 or higher, except that options
                                               2017–104]                                                                                                           quoted at less than $3 per contract and
                                                                                                          overlying the PowerShares QQQ Trust                      $0.05 for all quotations in options series
                                               Self-Regulatory Organizations; Nasdaq                      (‘‘QQQQ’’)®, SPDR S&P 500 Exchange                       that are quoted at $3 per contract or
                                               PHLX LLC; Notice of Filing and                             Traded Funds (‘‘SPY’’), and iShares                      greater. QQQQ, SPY and IWM are
                                               Immediate Effectiveness of Proposed                        Russell 2000 Index Funds (‘‘IWM’’)                       quoted in $0.01 increments for all
                                               Rule Change To Extend the Penny                            shall be quoted and traded in minimum                    options series. The Penny Pilot is
                                               Pilot Program                                              increments of $0.01 for all series                       currently scheduled to expire on
                                                                                                          regardless of the price. A list of such                  December 31, 2017.5
                                               December 20, 2017.                                         options shall be communicated to                            The Exchange proposes to extend the
                                                  Pursuant to Section 19(b)(1) of the                     membership via an Options Trader Alert                   time period of the Penny Pilot through
                                               Securities Exchange Act of 1934                            (‘‘OTA’’) posted on the Exchange’s                       June 30, 2018 or the date of permanent
                                               (‘‘Act’’),1 and Rule 19b-4 thereunder,2                    website.                                                 approval, if earlier, and to provide a
                                               notice is hereby given that on December                       The Exchange may replace any pilot                    revised date for adding replacement
                                               12, 2017, Nasdaq PHLX LLC (‘‘Phlx’’ or                     issues that have been delisted with the
daltland on DSKBBV9HB2PROD with NOTICES




                                               ‘‘Exchange’’) filed with the Securities                    next most actively traded multiply                          4 The options exchanges in the U.S. that have

                                               and Exchange Commission (‘‘SEC’’ or                        listed options classes that are not yet                  pilot programs similar to the Penny Pilot (together
                                               ‘‘Commission’’) the proposed rule                                                                                   ‘‘pilot programs’’) are currently working on a
                                                                                                          included in the pilot, based on trading                  proposal for permanent approval of the respective
                                               change as described in Items I and II,                     activity in the previous six months. The                 pilot programs.
                                                                                                                                                                      5 See Securities Exchange Act Release No. 80755
                                                 1 15   U.S.C. 78s(b)(1).                                   3 References herein to rules refer to rules of Phlx,   (May 24, 2017), 82 FR 25025 (May 31, 2017) (SR–
                                                 2 17   CFR 240.19b–4.                                    unless otherwise noted.                                  Phlx–2017–36).



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                                               61352                    Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices

                                               issues to the Penny Pilot. The Exchange                 B. Self-Regulatory Organization’s                      the date of the filing.12 However,
                                               proposes that any Penny Pilot Program                   Statement on Burden on Competition                     pursuant to Rule 19b–4(f)(6)(iii),13 the
                                               issues that have been delisted may be                     The Exchange does not believe that                   Commission may designate a shorter
                                               replaced on the second trading day                      the proposed rule change will impose                   time if such action is consistent with the
                                               following January 1, 2018. The                          any burden on competition not                          protection of investors and the public
                                               replacement issues will be selected                     necessary or appropriate in furtherance                interest. The Exchange has asked the
                                               based on trading activity in the previous               of the purposes of the Act. To the                     Commission to waive the 30-day
                                               six months.6                                            contrary, this proposal is pro-                        operative delay so that the proposal may
                                                                                                       competitive because it allows Penny                    become operative immediately upon
                                                  This filing does not propose any                                                                            filing. The Commission believes that
                                               substantive changes to the Penny Pilot                  Pilot issues to continue trading on the
                                                                                                       Exchange.                                              waiving the 30-day operative delay is
                                               Program; all classes currently                                                                                 consistent with the protection of
                                               participating in the Penny Pilot will                     Moreover, the Exchange believes that
                                                                                                       the proposed rule change will allow for                investors and the public interest
                                               remain the same and all minimum                                                                                because doing so will allow the Pilot
                                               increments will remain unchanged. The                   further analysis of the Pilot and a
                                                                                                       determination of how the Pilot should                  Program to continue without
                                               Exchange believes the benefits to public                                                                       interruption in a manner that is
                                               customers and other market participants                 be structured in the future; and will
                                                                                                       serve to promote regulatory clarity and                consistent with the Commission’s prior
                                               who will be able to express their true                                                                         approval of the extension and expansion
                                                                                                       consistency, thereby reducing burdens
                                               prices to buy and sell options have been                                                                       of the Pilot Program and will allow the
                                                                                                       on the marketplace and facilitating
                                               demonstrated to outweigh the potential                  investor protection.                                   Exchange and the Commission
                                               increase in quote traffic.                                                                                     additional time to analyze the impact of
                                                                                                         The Pilot is an industry-wide
                                                                                                                                                              the Pilot Program. Accordingly, the
                                               2. Statutory Basis                                      initiative supported by all other option
                                                                                                                                                              Commission designates the proposed
                                                                                                       exchanges. The Exchange believes that
                                                  The Exchange believes that its                                                                              rule change as operative upon filing
                                                                                                       extending the Pilot will allow for
                                               proposal is consistent with Section 6(b)                                                                       with the Commission.14
                                                                                                       continued competition between market
                                               of the Act,7 in general, and furthers the                                                                         At any time within 60 days of the
                                                                                                       participants on the Exchange trading
                                                                                                                                                              filing of such proposed rule change, the
                                               objectives of Section 6(b)(5) of the Act,8              similar products as their counterparts
                                                                                                                                                              Commission summarily may
                                               in particular, in that it is designed to                on other exchanges, while at the same
                                                                                                                                                              temporarily suspend such rule change if
                                               prevent fraudulent and manipulative                     time allowing the Exchange to continue
                                                                                                                                                              it appears to the Commission that such
                                               acts and practices, to promote just and                 to compete for order flow with other
                                                                                                                                                              action is necessary or appropriate in the
                                               equitable principles of trade, to foster                exchanges in option issues trading as
                                                                                                                                                              public interest, for the protection of
                                               cooperation and coordination with                       part of the Pilot.
                                                                                                                                                              investors, or otherwise in furtherance of
                                               persons engaged in facilitating                         C. Self-Regulatory Organization’s                      the purposes of the Act. If the
                                               transactions in securities, and to remove               Statement on Comments on the                           Commission takes such action, the
                                               impediments to and perfect the                          Proposed Rule Change Received From                     Commission shall institute proceedings
                                               mechanism of a free and open market                     Members, Participants, or Others                       under Section 19(b)(2)(B) 15 of the Act to
                                               and a national market system and, in                                                                           determine whether the proposed rule
                                                                                                         No written comments were either
                                               general, to protect investors and the                                                                          change should be approved or
                                                                                                       solicited or received.
                                               public interest.                                                                                               disapproved.
                                                  In particular, the proposed rule                     III. Date of Effectiveness of the
                                                                                                       Proposed Rule Change and Timing for                    IV. Solicitation of Comments
                                               change, which extends the Penny Pilot
                                                                                                       Commission Action                                        Interested persons are invited to
                                               for an additional six months through
                                                                                                          The Exchange has filed the proposed                 submit written data, views, and
                                               June 30, 2018 or the date of permanent
                                                                                                       rule change pursuant to Section                        arguments concerning the foregoing,
                                               approval, if earlier, and changes the date
                                                                                                       19(b)(3)(A)(iii) of the Act 9 and Rule                 including whether the proposed rule
                                               for replacing Penny Pilot issues that                                                                          change is consistent with the Act.
                                               were delisted to the second trading day                 19b–4(f)(6) thereunder.10 Because the
                                                                                                       proposed rule change does not: (i)                     Comments may be submitted by any of
                                               following January 1, 2018, will enable                                                                         the following methods:
                                               public customers and other market                       Significantly affect the protection of
                                               participants to express their true prices               investors or the public interest; (ii)                 Electronic Comments
                                                                                                       impose any significant burden on
                                               to buy and sell options for the benefit                                                                          • Use the Commission’s internet
                                               of all market participants. This is                     competition; and (iii) become operative
                                                                                                                                                              comment form (http://www.sec.gov/
                                                                                                       prior to 30 days from the date on which
                                               consistent with the Act.                                                                                       rules/sro.shtml); or
                                                                                                       it was filed, or such shorter time as the
                                                  6 The replacement issues will be announced to
                                                                                                       Commission may designate, if                              12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                               the Exchange’s membership via an Options Trader
                                                                                                       consistent with the protection of                      4(f)(6)(iii) requires the Exchange to give the
                                               Alert (OTA) posted on the Exchange’s website.           investors and the public interest, the                 Commission written notice of the Exchange’s intent
                                               Penny Pilot replacement issues will be selected         proposed rule change has become                        to file the proposed rule change along with a brief
                                               based on trading activity in the previous six           effective pursuant to Section 19(b)(3)(A)              description and the text of the proposed rule
                                               months, as is the case today. The replacement                                                                  change, at least five business days prior to the date
                                               issues would be identified based on The Options
                                                                                                       of the Act and Rule 19b–4(f)(6)(iii)                   of filing of the proposed rule change, or such
                                               Clearing Corporation’s trading volume data. For         thereunder.                                            shorter time as designated by the Commission. The
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                                               example, for the January replacement, trading              A proposed rule change filed under                  Exchange has satisfied this pre-filing requirement.
                                               volume from May 30, 2017 through November 30,           Rule 19b–4(f)(6) 11 normally does not                     13 17 CFR 240.19b–4(f)(6)(iii).

                                               2017 would be analyzed. The month immediately                                                                     14 For purposes only of waiving the operative
                                               preceding the replacement issues’ addition to the
                                                                                                       become operative prior to 30 days after
                                                                                                                                                              delay for this proposal, the Commission has
                                               Pilot Program (i.e., December) would not be used for                                                           considered the proposed rule’s impact on
                                               purposes of the six-month analysis.                       9 15 U.S.C. 78s(b)(3)(A)(iii).                       efficiency, competition, and capital formation. See
                                                  7 15 U.S.C. 78f(b).                                    10 17 CFR 240.19b–4(f)(6).                           15 U.S.C. 78c(f).
                                                  8 15 U.S.C. 78f(b)(5).                                 11 17 CFR 240.19b–4(f)(6).                              15 15 U.S.C. 78s(b)(2)(B).




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                                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices                                             61353

                                                 • Send an email to rule-comments@                       SECURITIES AND EXCHANGE                                Strategies LLC (‘‘Lattice’’), a Delaware
                                               sec.gov. Please include File Number SR–                   COMMISSION                                             limited liability company, each
                                               Phlx–2017–104 on the subject line.                                                                               registered as an investment adviser
                                                                                                         [Investment Company Act Release No.
                                                                                                         32944; 812–14564]
                                                                                                                                                                under the Investment Advisers Act of
                                               Paper Comments                                                                                                   1940 (each, an ‘‘Adviser’’ and together
                                                 • Send paper comments in triplicate                     The Hartford Mutual Funds, Inc., et al.                with the Companies, the ‘‘Applicants’’).
                                               to Secretary, Securities and Exchange                                                                            FILING DATES: The application was filed
                                                                                                         December 20, 2017.                                     October 13, 2015, and amended on
                                               Commission, 100 F Street NE,                              AGENCY: Securities and Exchange                        March 21, 2016, September 30, 2016,
                                               Washington, DC 20549–1090.                                Commission (‘‘Commission’’).                           February 10, 2017, and November 14,
                                               All submissions should refer to File                      ACTION: Notice.                                        2017.
                                               Number SR–Phlx–2017–104. This file                                                                               HEARING OR NOTIFICATION OF HEARING: An
                                                                                                            Notice of an application under
                                               number should be included on the                          Section 6(c) of the Investment Company                 order granting the application will be
                                               subject line if email is used. To help the                Act of 1940 (‘‘Act’’) for an exemption                 issued unless the Commission orders a
                                               Commission process and review your                        from Section 15(a) of the Act and Rule                 hearing. Interested persons may request
                                               comments more efficiently, please use                     18f–2 under the Act, as well as from                   a hearing by writing to the
                                               only one method. The Commission will                      certain disclosure requirements in Rule                Commission’s Secretary and serving
                                               post all comments on the Commission’s                     20a–1 under the Act, Item 19(a)(3) of                  applicants with a copy of the request,
                                               internet website (http://www.sec.gov/                     Form N–1A, Items 22(c)(1)(ii),                         personally or by mail. Hearing requests
                                               rules/sro.shtml).                                         22(c)(1)(iii), 22(c)(8) and 22(c)(9) of                should be received by the Commission
                                                                                                         Schedule 14A under the Securities                      by 5:30 p.m. on January 15, 2018, and
                                                  Copies of the submission, all                                                                                 should be accompanied by proof of
                                               subsequent amendments, all written                        Exchange Act of 1934, and Sections 6–
                                                                                                         07(2)(a), (b), and (c) of Regulation S–X               service on the applicants, in the form of
                                               statements with respect to the proposed                                                                          an affidavit or, for lawyers, a certificate
                                               rule change that are filed with the                       (‘‘Disclosure Requirements’’). The
                                                                                                         requested exemption would permit an                    of service. Pursuant to Rule 0–5 under
                                               Commission, and all written                                                                                      the Act, hearing requests should state
                                                                                                         investment adviser to hire and replace
                                               communications relating to the                                                                                   the nature of the writer’s interest, any
                                                                                                         certain sub-advisers without
                                               proposed rule change between the                          shareholder approval and grant relief                  facts bearing upon the desirability of a
                                               Commission and any person, other than                     from the Disclosure Requirements as                    hearing on the matter, the reason for the
                                               those that may be withheld from the                       they relate to fees paid to the sub-                   request, and the issues contested.
                                               public in accordance with the                             advisers. The order would supersede a                  Persons who wish to be notified of a
                                               provisions of 5 U.S.C. 552, will be                       prior order.1                                          hearing may request notification by
                                               available for website viewing and                         APPLICANTS: The Hartford Mutual
                                                                                                                                                                writing to the Commission’s Secretary.
                                               printing in the Commission’s Public                       Funds, Inc.; The Hartford Mutual Funds                 ADDRESSES: Secretary, U.S. Securities
                                               Reference Room, 100 F Street NE,                          II, Inc.; Hartford Series Fund, Inc.;                  and Exchange Commission, 100 F Street
                                               Washington, DC 20549, on official                         Hartford HLS Series Fund II, Inc.;                     NE, Washington, DC 20549–1090.
                                               business days between the hours of                        Hartford Funds Exchange-Traded Trust;                  Applicants: Walter F. Garger, Hartford
                                               10:00 a.m. and 3:00 p.m. Copies of the                    Hartford Funds NextShares Trust; and                   Funds Management Company, LLC and
                                               filing also will be available for                         Hartford Funds Master Trust                            Lattice Strategies LLC, 690 Lee Road,
                                               inspection and copying at the principal                   (collectively, the ‘‘Hartford                          Wayne, PA 19087; and Brenda J. Page,
                                               office of the Exchange. All comments                      Companies’’), each either a Maryland                   Hartford Investment Management
                                               received will be posted without change.                   corporation or a Delaware statutory trust              Company, One Hartford Plaza, Hartford,
                                               Persons submitting comments are                           registered under the Act as an open-end                CT 06155.
                                               cautioned that we do not redact or edit                   management investment company with                     FOR FURTHER INFORMATION CONTACT:
                                               personal identifying information from                     multiple series, and each of HIMCO                     Stephan N. Packs, Senior Counsel, at
                                               comment submissions. You should                           Variable Insurance Trust (‘‘HVI Trust’’)               (202) 551–6853, or David J. Marcinkus,
                                               submit only information that you wish                     and Lattice Strategies Trust (‘‘LS                     Branch Chief, at (202) 551–6825
                                                                                                         Trust’’), each a Delaware statutory trust              (Division of Investment Management,
                                               to make available publicly.
                                                                                                         and each also registered under the Act                 Chief Counsel’s Office).
                                                  All submissions should refer to File                   as an open-end management investment                   SUPPLEMENTARY INFORMATION: The
                                               Number SR–Phlx–2017–104 and should                        company with multiple series (together,                following is a summary of the
                                               be submitted on or before January 17,                     the ‘‘Trusts’’ and collectively with the               application. The complete application
                                               2018.                                                     Hartford Companies, the ‘‘Companies’’);                may be obtained via the Commission’s
                                                 For the Commission, by the Division of                  Hartford Funds Management Company,                     website by searching for the file number
                                               Trading and Markets, pursuant to delegated                LLC (‘‘HFMC’’), a Delaware limited                     of an applicant using the Company
                                               authority.16                                              liability company; Hartford Investment                 name box, at http://www.sec.gov/
                                                                                                         Management Company (‘‘HIMCO’’), a                      search/search.htm or by calling (202)
                                               Eduardo A. Aleman,
                                                                                                         Delaware corporation; and Lattice                      551–8090.
                                               Assistant Secretary.
                                               [FR Doc. 2017–27831 Filed 12–26–17; 8:45 am]                1 In the Matter of Fortis Series Fund, Inc. and      Summary of the Application
                                               BILLING CODE 8011–01–P                                    Fortis Advisers, Inc., Investment Company Act            1. HFMC will serve as the investment
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                                                                                                         Release Nos. 24158 (November 23, 1999) (notice)
                                                                                                         and 24211 (December 21, 1999) (order) (the ‘‘Prior
                                                                                                                                                                adviser to the Hartford Companies,
                                                                                                         Order’’). If the requested order is granted, Sub-      HIMCO will serve as the investment
                                                                                                         Advised Series currently relying on the Prior Order    adviser to the HVI Trust, and Lattice
                                                                                                         may continue to do so, other than with respect to      will serve as the investment adviser to
                                                                                                         Wholly-Owned Subadvisers. Shareholder approval
                                                                                                         shall be required before such Series can rely on the
                                                                                                                                                                the LS Trust, pursuant to an investment
                                                                                                         relief requested with respect to Wholly-Owned          advisory agreement with, respectively,
                                                 16 17   CFR 200.30–3(a)(12).                            Subadvisers.                                           the Hartford Companies, the HVI Trust,


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Document Created: 2017-12-27 02:22:49
Document Modified: 2017-12-27 02:22:49
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 61351 

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