83 FR 30793 - Self-Regulatory Organizations; NYSE Arca Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Commentary .02 to Rule 6.72-O in Order To Extend the Penny Pilot in Options Classes in Certain Issues Through December 31, 2018
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 126 (June 29, 2018)
Federal Register Volume 83, Issue 126 (June 29, 2018)
| Page Range | 30793-30795 | |
| FR Document | 2018-13984 |
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)] [Notices] [Pages 30793-30795] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13984] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83512; File No. SR-NYSEArca-2018-48] Self-Regulatory Organizations; NYSE Arca Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Commentary .02 to Rule 6.72-O in Order To Extend the Penny Pilot in Options Classes in Certain Issues Through December 31, 2018 June 25, 2018. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that on June 21, 2018, NYSE Arca Inc. (the ``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C.78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- [[Page 30794]] I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Commentary .02 to Rule 6.72-O in order to extend the Penny Pilot in options classes in certain issues (``Pilot Program'') previously approved by the Securities and Exchange Commission (``Commission'') through December 31, 2018. The Pilot Program is currently scheduled to expire on June 30, 2018. The proposed rule change is available on the Exchange's website at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization 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 those 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 parts of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange hereby proposes to amend Commentary .02 to Rule 6.72-O to extend the time period of the Pilot Program,\4\ which is currently scheduled to expire on June 30, 2018, through December 31, 2018. The Exchange also proposes that the date to replace issues in the Pilot Program that have been delisted be revised to the second trading day following July 1, 2018.\5\ The Exchange believes that extending the Pilot would allow for further analysis of the Pilot Program and a determination of how the Pilot Program should be structured in the future. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 82366 (December 19, 2017), 82 FR 61052 (December 26, 2017) (SR-NYSEArca-2017-141). \5\ The month immediately preceding a replacement class's addition to the Pilot Program (i.e., June) would not be used for purposes of the analysis for determining the replacement class. Thus, a replacement class to be added on the second trading day following July 1, 2018 would be identified based on The Option Clearing Corporation's trading volume data from December 1, 2017 through May 31, 2018. The Exchange will announce the replacement issues to the Exchange's membership through a Trader Update. --------------------------------------------------------------------------- This filing does not propose any substantive changes to the Pilot Program: All classes currently participating 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 increase in quote traffic. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''), in general, and furthers the objectives of Section 6(b)(5),\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, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- 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. Accordingly, the Exchange believes that the proposal is consistent with the Act because it will allow the Exchange to extend the Pilot Program prior to its expiration on June 30, 2018. The Exchange notes that this proposal does not propose any new policies or provisions that are unique or unproven, but instead relates to the continuation of an existing program that operates on a pilot basis. The Exchange believes that the Pilot Program promotes just and equitable principles of trade by enabling public customers and other market participants to express their true prices to buy and sell options to the benefit of all market participants. The proposal to extend the Pilot Program is designed 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 mechanisms of a free and open market and a national market system, by allowing the Exchange and the Commission additional time to analyze the impact of the Pilot Program while also allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot Program. 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 Pilot Program and a determination of how this 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 and facilitating investor protection. The Pilot Program is an industry-wide initiative supported by all other option exchanges. The Exchange believes that extending the Pilot Program will allow for continued competition between Exchange market participants 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 Program. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. 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 [[Page 30795]] Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)(iii) thereunder.\11\ --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A)(iii). \9\ 17 CFR 240.19b-4(f)(6). \10\ 15 U.S.C. 78s(b)(3)(A). \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. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally does not become operative prior to 30 days after the date of the filing.\13\ However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. Without a waiver of 30-day operative delay, the Exchange's Pilot Program will expire before the extension of the Pilot Program is operative. The Commission believes that waiving the 30-day operative delay for the instant filing 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.\15\ --------------------------------------------------------------------------- \12\ 17 CFR 240.19b-4(f)(6). \13\ 17 CFR 240.19b-4(f)(6). \14\ 17 CFR 240.19b-4(f)(6)(iii). \15\ 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). --------------------------------------------------------------------------- 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 CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEArca-2018-48 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-NYSEArca-2018-48. 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 20549-1090 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-NYSEArca-2018-48 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\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-13984 Filed 6-28-18; 8:45 am] BILLING CODE 8011-01-P
![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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![Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices 30795
Section 19(b)(3)(A) of the Act 10 and All submissions should refer to File ‘‘Act’’),1 and Rule 19b–4 thereunder,2
Rule 19b–4(f)(6)(iii) thereunder.11 Number SR–NYSEArca–2018–48. This notice is hereby given that on June 15,
A proposed rule change filed under file number should be included on the 2018, Cboe Exchange, Inc. (the
Rule 19b–4(f)(6) 12 normally does not subject line if email is used. To help the ‘‘Exchange’’ or ‘‘Cboe Options’’) filed
become operative prior to 30 days after Commission process and review your with the Securities and Exchange
the date of the filing.13 However, comments more efficiently, please use Commission (the ‘‘Commission’’) the
pursuant to Rule 19b–4(f)(6)(iii),14 the only one method. The Commission will proposed rule change as described in
Commission may designate a shorter post all comments on the Commission’s Items I and II below, which Items have
time if such action is consistent with the internet website (http://www.sec.gov/ been prepared by the Exchange. The
protection of investors and the public rules/sro.shtml). Copies of the Exchange filed the proposal pursuant to
interest. Without a waiver of 30-day submission, all subsequent Section 19(b)(3)(A)(iii) of the Act 3 and
operative delay, the Exchange’s Pilot amendments, all written statements Rule 19b–4(f)(6) thereunder.4 The
Program will expire before the extension with respect to the proposed rule Commission is publishing this notice to
of the Pilot Program is operative. The change that are filed with the solicit comments on the proposed rule
Commission believes that waiving the Commission, and all written change from interested persons.
30-day operative delay for the instant communications relating to the I. Self-Regulatory Organization’s
filing is consistent with the protection proposed rule change between the Statement of the Terms of Substance of
of investors and the public interest Commission and any person, other than the Proposed Rule Change
because doing so will allow the Pilot those that may be withheld from the
Program to continue without public in accordance with the The Exchange proposes to amend
interruption in a manner that is provisions of 5 U.S.C. 552, will be Rule 6.2., Hybrid Opening (and
consistent with the Commission’s prior available for website viewing and Sometimes Closing) System (‘‘HOSS’’).
approval of the extension and expansion printing in the Commission’s Public (additions are italicized; deletions are
of the Pilot Program and will allow the Reference Room, 100 F Street NE, [bracketed])
Exchange and the Commission Washington, DC 20549–1090 on official
additional time to analyze the impact of * * * * *
business days between the hours of
the Pilot Program. Accordingly, the 10:00 a.m. and 3:00 p.m. Copies of the Cboe Exchange, Inc. Rules
Commission designates the proposed filing also will be available for * * * * *
rule change as operative upon filing inspection and copying at the principal
with the Commission.15 office of the Exchange. All comments Rule 6.2. Hybrid Opening (and
received will be posted without change. Sometimes Closing) System (‘‘HOSS’’)
IV. Solicitation of Comments
Persons submitting comments are (a)–(h) (No change).
Interested persons are invited to cautioned that we do not redact or edit . . . Interpretations and Policies:
submit written data, views, and personal identifying information from .01 Modified Opening Procedure for
arguments concerning the foregoing, comment submissions. You should Series Used to Calculate the Exercise/
including whether the proposed rule submit only information that you wish Final Settlement Values of Volatility
change is consistent with the Act. to make available publicly. All Indexes. All provisions set forth in Rule
Comments may be submitted by any of submissions should refer to File 6.2 remain in effect unless superseded
the following methods: Number SR–NYSEArca–2018–48 and or modified by this Interpretation and
Electronic Comments should be submitted on or before July Policy .01. On the dates on which the
20, 2018. exercise and final settlement values are
• Use the Commission’s internet calculated for options (as determined
comment form (http://www.sec.gov/ For the Commission, by the Division of
Trading and Markets, pursuant to delegated under Rule 24.9(a)(5) or (6)) or (security)
rules/sro.shtml); or futures contracts on a volatility index
• Send an email to rule-comments@ authority.16
Eduardo A. Aleman, (i.e., expiration and final settlement
sec.gov. Please include File Number SR–
dates), the Exchange utilizes the
NYSEArca–2018–48 on the subject line. Assistant Secretary.
modified opening procedure described
[FR Doc. 2018–13984 Filed 6–28–18; 8:45 am]
Paper Comments below for all series used to calculate the
BILLING CODE 8011–01–P
• Send paper comments in triplicate exercise/final settlement value of the
to Secretary, Securities and Exchange volatility index for expiring options and
Commission, 100 F Street NE, (security) futures contracts (these option
SECURITIES AND EXCHANGE
Washington, DC 20549–1090. series referred to as ‘‘constituent
COMMISSION
options’’).
10 15 U.S.C. 78s(b)(3)(A).
(a) Strategy Orders. All orders for
11 17
[Release No. 34–83504; File No. SR–CBOE– participation in the modified opening
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the 2018–045] procedure that are related to positions
Commission written notice of the Exchange’s intent in, or a trading strategy involving,
to file the proposed rule change along with a brief Self-Regulatory Organizations; Cboe expiring volatility index options or
description and the text of the proposed rule Exchange, Inc.; Notice of Filing and (security) futures (‘‘strategy orders’’),
change, at least five business days prior to the date Immediate Effectiveness of a Proposed
of filing of the proposed rule change, or such and any change to or cancellation of any
shorter time as designated by the Commission. The Rule Change Relating to Exchange such order:
sradovich on DSK3GMQ082PROD with NOTICES
Exchange has satisfied this pre-filing requirement. Rule 6.2., Hybrid Opening (and (i)–(ii) (No change).
12 17 CFR 240.19b–4(f)(6). Sometimes Closing) System (‘‘HOSS’’) Whether orders are strategy orders for
13 17 CFR 240.19b–4(f)(6).
14 17 CFR 240.19b–4(f)(6)(iii). June 25, 2018. purposes of this Rule 6.2.01 depends
15 For purposes only of waiving the operative
Pursuant to Section 19(b)(1) of the 1 15 U.S.C. 78s(b)(1).
delay for this proposal, the Commission has Securities Exchange Act of 1934 (the 2 17 CFR 240.19b–4.
considered the proposed rule’s impact on
3 15 U.S.C. 78s(b)(3)(A)(iii).
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).
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Document Created: 2018-06-29 01:12:50
Document Modified: 2018-06-29 01:12:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 30793 |
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