83_FR_30918 83 FR 30792 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny Pilot Program

83 FR 30792 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 510 To Extend the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30792-30793
FR Document2018-13983

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30792-30793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13983]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83517; File No. SR-PEARL-2018-14]


Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange 
Rule 510 To Extend the Penny Pilot Program

June 25, 2018.
    Pursuant to the provisions of 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 June 18, 2018, MIAX PEARL, LLC (``MIAX PEARL'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a 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 is filing a proposal to amend Rule 510, 
Interpretations and Policies .01, to extend the pilot program for the 
quoting and trading of certain options in pennies.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/pearl, at MIAX 
PEARL's principal office, 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 is a participant in an industry-wide pilot program 
that provides for the quoting and trading of certain option classes in 
penny increments (the ``Penny Pilot Program'' or ``Program''). The 
Penny Pilot Program allows the quoting and trading of certain option 
classes in minimum increments of $0.01 for all series in such option 
classes with a price of less than $3.00; and in minimum increments of 
$0.05 for all series in such option classes with a price of $3.00 or 
higher. Options overlying the PowerShares QQQTM (``QQQ''), 
SPDR[reg] S&P 500[reg] ETF (``SPY''), and iShares[reg] Russell 2000 ETF 
(``IWM''), however, are quoted and traded in minimum increments of 
$0.01 for all series regardless of the price. The Penny Pilot Program 
was initiated at the then existing option exchanges in January 2007 \3\ 
and currently includes more than 300 of the most active option classes. 
The Penny Pilot Program is currently scheduled to expire on June 30, 
2018.\4\ The purpose of the proposed rule change is to extend the Penny 
Pilot Program in its current format through December 31, 2018.
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    \3\ See Securities Exchange Act Release Nos. 55154 (January 23, 
2007), 72 FR 4743 (February 1, 2007) (SR-CBOE-2006-92); 55161 
(January 24, 2007), 72 FR 4754 (February 1, 2007) (SR-ISE-2006-62); 
54886 (December 6, 2006), 71 FR 74979 (December 13, 2006) (SR-Phlx-
2006-74); 54590 (October 12, 2006), 71 FR 61525 (October 18, 2006) 
(SR-NYSEArca-2006-73); and 54741 (November 9, 2006), 71 FR 67176 
(November 20, 2006) (SR-Amex-2006-106).
    \4\ See Securities Exchange Act Release No. 82391 (December 22, 
2017), 82 FR 61622 (December 28, 2017) (SR-PEARL-2017-39) (extending 
the Penny Pilot Program from December 31, 2017 to June 30, 2018).
---------------------------------------------------------------------------

    In addition to the extension of the Penny Pilot Program through 
December 31, 2018, the Exchange proposes to extend one other date in 
the Rule. Currently, Interpretations and Policies .01 states that the 
Exchange will replace any Penny Pilot issues that have been delisted 
with the next most actively traded multiply listed option classes that 
are not yet included in the Penny Pilot Program, and that the 
replacement issues will be selected based on trading activity in the 
previous six months. Such option classes will be added to the Penny 
Pilot Program on the second trading day following January 1, 2018.\5\ 
Because this date has expired and the Exchange intends to continue this 
practice for the duration of the Penny Pilot Program, the Exchange is 
proposing to amend the Rule to reflect that such option classes will be 
added to the Penny Pilot Program on the second trading day following 
July 1, 2018.
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    \5\ The month immediately preceding a replacement class's 
addition to the Pilot Program (i.e., June) is not used for purposes 
of the six-month analysis. For example, a replacement added on the 
second trading day following July 1, 2018, will be identified based 
on trading activity from December 1, 2017, through May 31, 2018.
---------------------------------------------------------------------------

    The purpose of this provision is to reflect the new date on which 
replacement issues may be added to the Penny Pilot Program.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \6\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \7\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny 
Pilot Program for six months, allows the Exchange to continue to 
participate in a program that has been viewed as beneficial to traders, 
investors and public customers and viewed as successful by the other 
options exchanges participating in it.

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 that is not necessary or appropriate 
in furtherance of the purposes of the Act. Specifically, the Exchange 
believes that, by extending the expiration of the Pilot Program, the 
proposed rule change will allow for further analysis of the Penny Pilot 
Program and a determination of how the Program should be structured in 
the future. In doing so, the proposed rule change will also serve to 
promote regulatory clarity and consistency, thereby reducing burdens on 
the marketplace, facilitating investor

[[Page 30793]]

protection, and fostering a competitive environment. In addition, 
consistent with previous practices, the Exchange believes the other 
options exchanges will be filing similar extensions of the Penny Pilot 
Program.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor 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 \8\ and Rule 19b-4(f)(6) thereunder.\9\ 
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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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally 
does not become operative prior to 30 days after the date of the 
filing.\11\ However, pursuant to Rule 19b-4(f)(6)(iii),\12\ 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.\13\ Accordingly, the Commission designates 
the proposed rule change as operative upon filing with the 
Commission.\14\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 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.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ See Securities Exchange Act Release No. 61061 (November 24, 
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-PEARL-2018-14 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-PEARL-2018-14. 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-PEARL-2018-14 and 
should be submitted on or before July 20, 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. 2018-13983 Filed 6-28-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                30792                           Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                  For the Commission, by the Division of                forth in sections A, B, and C below, of                trading day following January 1, 2018.5
                                                Trading and Markets, pursuant to delegated              the most significant aspects of such                   Because this date has expired and the
                                                authority.11                                            statements.                                            Exchange intends to continue this
                                                Eduardo A. Aleman,                                                                                             practice for the duration of the Penny
                                                Assistant Secretary.                                    A. Self-Regulatory Organization’s                      Pilot Program, the Exchange is
                                                [FR Doc. 2018–13975 Filed 6–28–18; 8:45 am]
                                                                                                        Statement of the Purpose of, and                       proposing to amend the Rule to reflect
                                                BILLING CODE 8011–01–P
                                                                                                        Statutory Basis for, the Proposed Rule                 that such option classes will be added
                                                                                                        Change                                                 to the Penny Pilot Program on the
                                                                                                        1. Purpose                                             second trading day following July 1,
                                                SECURITIES AND EXCHANGE                                                                                        2018.
                                                COMMISSION                                                 The Exchange is a participant in an                    The purpose of this provision is to
                                                [Release No. 34–83517; File No. SR–                     industry-wide pilot program that                       reflect the new date on which
                                                PEARL–2018–14]                                          provides for the quoting and trading of                replacement issues may be added to the
                                                                                                        certain option classes in penny                        Penny Pilot Program.
                                                Self-Regulatory Organizations; MIAX                     increments (the ‘‘Penny Pilot Program’’                2. Statutory Basis
                                                PEARL, LLC; Notice of Filing and                        or ‘‘Program’’). The Penny Pilot Program
                                                Immediate Effectiveness of a Proposed                   allows the quoting and trading of certain                 The Exchange believes that its
                                                Rule Change To Amend Exchange                           option classes in minimum increments                   proposed rule change is consistent with
                                                Rule 510 To Extend the Penny Pilot                      of $0.01 for all series in such option                 Section 6(b) of the Act 6 in general, and
                                                Program                                                 classes with a price of less than $3.00;               furthers the objectives of Section 6(b)(5)
                                                                                                        and in minimum increments of $0.05 for                 of the Act 7 in particular, in that it is
                                                June 25, 2018.                                                                                                 designed to prevent fraudulent and
                                                                                                        all series in such option classes with a
                                                   Pursuant to the provisions of Section                price of $3.00 or higher. Options                      manipulative acts and practices, to
                                                19(b)(1) of the Securities Exchange Act                 overlying the PowerShares QQQTM                        promote just and equitable principles of
                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                             trade, to foster cooperation and
                                                                                                        (‘‘QQQ’’), SPDR® S&P 500® ETF
                                                thereunder,2 notice is hereby given that                                                                       coordination with persons engaged in
                                                                                                        (‘‘SPY’’), and iShares® Russell 2000
                                                on June 18, 2018, MIAX PEARL, LLC                                                                              facilitating transactions in securities, to
                                                                                                        ETF (‘‘IWM’’), however, are quoted and
                                                (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                                                                         remove impediments to and perfect the
                                                                                                        traded in minimum increments of $0.01
                                                with the Securities and Exchange                                                                               mechanisms of a free and open market
                                                                                                        for all series regardless of the price. The
                                                Commission (‘‘Commission’’) a                                                                                  and a national market system and, in
                                                                                                        Penny Pilot Program was initiated at the
                                                proposed rule change as described in                                                                           general, to protect investors and the
                                                                                                        then existing option exchanges in
                                                Items I and II below, which Items have                                                                         public interest.
                                                                                                        January 2007 3 and currently includes
                                                been prepared by the Exchange. The                                                                                In particular, the proposed rule
                                                                                                        more than 300 of the most active option
                                                Commission is publishing this notice to                                                                        change, which extends the Penny Pilot
                                                solicit comments on the proposed rule                   classes. The Penny Pilot Program is
                                                                                                                                                               Program for six months, allows the
                                                change from interested persons.                         currently scheduled to expire on June
                                                                                                                                                               Exchange to continue to participate in a
                                                                                                        30, 2018.4 The purpose of the proposed
                                                                                                                                                               program that has been viewed as
                                                I. Self-Regulatory Organization’s                       rule change is to extend the Penny Pilot
                                                                                                                                                               beneficial to traders, investors and
                                                Statement of the Terms of Substance of                  Program in its current format through                  public customers and viewed as
                                                the Proposed Rule Change                                December 31, 2018.                                     successful by the other options
                                                   The Exchange is filing a proposal to                    In addition to the extension of the                 exchanges participating in it.
                                                amend Rule 510, Interpretations and                     Penny Pilot Program through December
                                                Policies .01, to extend the pilot program               31, 2018, the Exchange proposes to                     B. Self-Regulatory Organization’s
                                                for the quoting and trading of certain                  extend one other date in the Rule.                     Statement on Burden on Competition
                                                options in pennies.                                     Currently, Interpretations and Policies                  The Exchange does not believe that
                                                   The text of the proposed rule change                 .01 states that the Exchange will replace              the proposed rule change will impose
                                                is available on the Exchange’s website at               any Penny Pilot issues that have been                  any burden on competition that is not
                                                http://www.miaxoptions.com/rule-                        delisted with the next most actively                   necessary or appropriate in furtherance
                                                filings/pearl, at MIAX PEARL’s                          traded multiply listed option classes                  of the purposes of the Act. Specifically,
                                                principal office, and at the                            that are not yet included in the Penny                 the Exchange believes that, by extending
                                                Commission’s Public Reference Room.                     Pilot Program, and that the replacement                the expiration of the Pilot Program, the
                                                II. Self-Regulatory Organization’s                      issues will be selected based on trading               proposed rule change will allow for
                                                Statement of the Purpose of, and                        activity in the previous six months.                   further analysis of the Penny Pilot
                                                Statutory Basis for, the Proposed Rule                  Such option classes will be added to the               Program and a determination of how the
                                                Change                                                  Penny Pilot Program on the second                      Program should be structured in the
                                                                                                                                                               future. In doing so, the proposed rule
                                                  In its filing with the Commission, the                   3 See Securities Exchange Act Release Nos. 55154    change will also serve to promote
                                                Exchange included statements                            (January 23, 2007), 72 FR 4743 (February 1, 2007)      regulatory clarity and consistency,
                                                concerning the purpose of and basis for                 (SR–CBOE–2006–92); 55161 (January 24, 2007), 72        thereby reducing burdens on the
                                                the proposed rule change and discussed                  FR 4754 (February 1, 2007) (SR–ISE–2006–62);
                                                                                                        54886 (December 6, 2006), 71 FR 74979 (December
                                                                                                                                                               marketplace, facilitating investor
                                                any comments it received on the                         13, 2006) (SR–Phlx–2006–74); 54590 (October 12,
sradovich on DSK3GMQ082PROD with NOTICES




                                                proposed rule change. The text of these                 2006), 71 FR 61525 (October 18, 2006) (SR–                5 The month immediately preceding a

                                                statements may be examined at the                       NYSEArca–2006–73); and 54741 (November 9,              replacement class’s addition to the Pilot Program
                                                places specified in Item IV below. The                  2006), 71 FR 67176 (November 20, 2006) (SR–            (i.e., June) is not used for purposes of the six-month
                                                                                                        Amex–2006–106).                                        analysis. For example, a replacement added on the
                                                Exchange has prepared summaries, set                       4 See Securities Exchange Act Release No. 82391     second trading day following July 1, 2018, will be
                                                                                                        (December 22, 2017), 82 FR 61622 (December 28,         identified based on trading activity from December
                                                  11 17 CFR 200.30–3(a)(57).                                                                                   1, 2017, through May 31, 2018.
                                                                                                        2017) (SR–PEARL–2017–39) (extending the Penny
                                                  1 15 U.S.C. 78s(b)(1).                                                                                          6 15 U.S.C. 78f(b).
                                                                                                        Pilot Program from December 31, 2017 to June 30,
                                                  2 17 CFR 240.19b–4.                                   2018).                                                    7 15 U.S.C. 78f(b)(5).




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                                                                                 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices                                                 30793

                                                protection, and fostering a competitive                 Exchange and the Commission                            proposed rule change between the
                                                environment. In addition, consistent                    additional time to analyze the impact of               Commission and any person, other than
                                                with previous practices, the Exchange                   the Pilot Program.13 Accordingly, the                  those that may be withheld from the
                                                believes the other options exchanges                    Commission designates the proposed                     public in accordance with the
                                                will be filing similar extensions of the                rule change as operative upon filing                   provisions of 5 U.S.C. 552, will be
                                                Penny Pilot Program.                                    with the Commission.14                                 available for website viewing and
                                                                                                           At any time within 60 days of the                   printing in the Commission’s Public
                                                C. Self-Regulatory Organization’s
                                                                                                        filing of such proposed rule change, the               Reference Room, 100 F Street NE,
                                                Statement on Comments on the
                                                Proposed Rule Change Received From                      Commission summarily may                               Washington, DC 20549, on official
                                                Members, Participants, or Others                        temporarily suspend such rule change if                business days between the hours of
                                                                                                        it appears to the Commission that such                 10:00 a.m. and 3:00 p.m. Copies of the
                                                  Written comments were neither                         action is necessary or appropriate in the              filing also will be available for
                                                solicited nor received.                                 public interest, for the protection of                 inspection and copying at the principal
                                                III. Date of Effectiveness of the                       investors, or otherwise in furtherance of              office of the Exchange. All comments
                                                Proposed Rule Change and Timing for                     the purposes of the Act. If the                        received will be posted without change.
                                                Commission Action                                       Commission takes such action, the                      Persons submitting comments are
                                                                                                        Commission shall institute proceedings                 cautioned that we do not redact or edit
                                                   The Exchange has filed the proposed
                                                                                                        under Section 19(b)(2)(B) 15 of the Act to             personal identifying information from
                                                rule change pursuant to Section
                                                                                                        determine whether the proposed rule                    comment submissions. You should
                                                19(b)(3)(A)(iii) of the Act 8 and Rule
                                                                                                        change should be approved or                           submit only information that you wish
                                                19b–4(f)(6) thereunder.9 Because the
                                                                                                        disapproved.                                           to make available publicly.
                                                proposed rule change does not: (i)
                                                Significantly affect the protection of                                                                            All submissions should refer to File
                                                                                                        IV. Solicitation of Comments
                                                investors or the public interest; (ii)                                                                         Number SR–PEARL–2018–14 and
                                                                                                          Interested persons are invited to                    should be submitted on or before July
                                                impose any significant burden on                        submit written data, views, and
                                                competition; and (iii) become operative                                                                        20, 2018.
                                                                                                        arguments concerning the foregoing,
                                                prior to 30 days from the date on which                                                                          For the Commission, by the Division of
                                                                                                        including whether the proposed rule                    Trading and Markets, pursuant to delegated
                                                it was filed, or such shorter time as the               change is consistent with the Act.
                                                Commission may designate, if                                                                                   authority.16
                                                                                                        Comments may be submitted by any of                    Eduardo A. Aleman,
                                                consistent with the protection of                       the following methods:
                                                investors and the public interest, the                                                                         Assistant Secretary.
                                                proposed rule change has become                         Electronic Comments                                    [FR Doc. 2018–13983 Filed 6–28–18; 8:45 am]
                                                effective pursuant to Section 19(b)(3)(A)                 • Use the Commission’s internet                      BILLING CODE 8011–01–P
                                                of the Act and Rule 19b–4(f)(6)(iii)                    comment form (http://www.sec.gov/
                                                thereunder.                                             rules/sro.shtml); or
                                                   A proposed rule change filed under                     • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                Rule 19b–4(f)(6) 10 normally does not                   sec.gov. Please include File Number SR–                COMMISSION
                                                become operative prior to 30 days after                 PEARL–2018–14 on the subject line.
                                                the date of the filing.11 However,                                                                             [Release No. 34–83512; File No. SR–
                                                pursuant to Rule 19b–4(f)(6)(iii),12 the                Paper Comments                                         NYSEArca–2018–48]
                                                Commission may designate a shorter                        • Send paper comments in triplicate                  Self-Regulatory Organizations; NYSE
                                                time if such action is consistent with the              to Secretary, Securities and Exchange                  Arca Inc.; Notice of Filing and
                                                protection of investors and the public                  Commission, 100 F Street NE,                           Immediate Effectiveness of Proposed
                                                interest. The Exchange has asked the                    Washington, DC 20549–1090.                             Rule Change To Amend Commentary
                                                Commission to waive the 30-day                          All submissions should refer to File                   .02 to Rule 6.72–O in Order To Extend
                                                operative delay so that the proposal may                Number SR–PEARL–2018–14. This file                     the Penny Pilot in Options Classes in
                                                become operative immediately upon                       number should be included on the                       Certain Issues Through December 31,
                                                filing. The Commission believes that                    subject line if email is used. To help the             2018
                                                waiving the 30-day operative delay is                   Commission process and review your
                                                consistent with the protection of                       comments more efficiently, please use                  June 25, 2018.
                                                investors and the public interest                       only one method. The Commission will                      Pursuant to Section 19(b)(1) 1 of the
                                                because doing so will allow the Pilot                   post all comments on the Commission’s                  Securities Exchange Act of 1934 (the
                                                Program to continue without                             internet website (http://www.sec.gov/                  ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                interruption in a manner that is                        rules/sro.shtml).                                      notice is hereby given that on June 21,
                                                consistent with the Commission’s prior                    Copies of the submission, all                        2018, NYSE Arca Inc. (the ‘‘Exchange’’
                                                approval of the extension and expansion                 subsequent amendments, all written                     or ‘‘NYSE Arca’’) filed with the
                                                of the Pilot Program and will allow the                 statements with respect to the proposed                Securities and Exchange Commission
                                                                                                        rule change that are filed with the                    (the ‘‘Commission’’) the proposed rule
                                                  8 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                        Commission, and all written                            change as described in Items I and II
                                                  9 17  CFR 240.19b–4(f)(6).
                                                  10 17 CFR 240.19b–4(f)(6).                            communications relating to the                         below, which Items have been prepared
                                                  11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                                                                               by the self-regulatory organization. The
sradovich on DSK3GMQ082PROD with NOTICES




                                                4(f)(6)(iii) requires the Exchange to give the             13 See Securities Exchange Act Release No. 61061    Commission is publishing this notice to
                                                Commission written notice of the Exchange’s intent      (November 24, 2009), 74 FR 62857 (December 1,          solicit comments on the proposed rule
                                                to file the proposed rule change along with a brief     2009) (SR–NYSEArca–2009–44).                           change from interested persons.
                                                description and the text of the proposed rule              14 For purposes only of waiving the operative

                                                change, at least five business days prior to the date   delay for this proposal, the Commission has
                                                                                                                                                                 16 17 CFR 200.30–3(a)(12).
                                                of filing of the proposed rule change, or such          considered the proposed rule’s impact on
                                                                                                                                                                 1 15 U.S.C.78s(b)(1).
                                                shorter time as designated by the Commission. The       efficiency, competition, and capital formation. See
                                                Exchange has satisfied this pre-filing requirement.     15 U.S.C. 78c(f).                                        2 15 U.S.C. 78a.
                                                  12 17 CFR 240.19b–4(f)(6)(iii).                          15 15 U.S.C. 78s(b)(2)(B).                            3 17 CFR 240.19b–4.




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Document Created: 2018-06-29 01:13:05
Document Modified: 2018-06-29 01:13:05
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 Citation83 FR 30792 

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