83_FR_31131 83 FR 31004 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Exchange's Penny Pilot Program

83 FR 31004 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Exchange's Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range31004-31006
FR Document2018-14118

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 31004-31006]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14118]



[[Page 31004]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83527; File No. SR-NASDAQ-2018-048]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the Exchange's Penny Pilot Program

June 26, 2018
    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 June 25, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II below, which Items have been prepared by the Exchange. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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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 Chapter VI, Section 5 (Minimum 
Increments) \3\ of the rules of The Nasdaq Options Market (``NOM'') to 
extend through December 31, 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 Chapter and Series refer to rules of 
the NASDAQ Options Market (``NOM''), unless otherwise noted.
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    The text of the proposed rule change is set forth below. Proposed 
new language is italicized and proposed deleted language is in 
brackets.
* * * * *

The Nasdaq Stock Market Rules

Options Rules

* * * * *

Chapter VI Trading Systems

* * * * *

Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options 
contracts traded on NOM. Such minimum increments established by the 
Board will be designated as a stated policy, practice, or 
interpretation with respect to the administration of this Section 
within the meaning of Section 19 of the Exchange Act and will be filed 
with the SEC as a rule change for effectiveness upon filing. Until such 
time as the Board makes a change in the increments, the following 
principles shall apply:
    (1)-(2) No Change.
    (3) For a pilot period scheduled to expire on [June 30, 2018] 
December 31, 2018 or the date of permanent approval, if earlier, if the 
options series is trading pursuant to the Penny Pilot program one (1) 
cent if the options series is trading at less than $3.00, five (5) 
cents if the options series is trading at $3.00 or higher, unless for 
QQQQs, SPY and IWM where the minimum quoting increment will be one cent 
for all series regardless of 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, 2018.
    (4) No Change.
    (b) No Change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website at http://nasdaqomxbx.cchwallstreet.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The purpose of this filing is to amend Chapter VI, Section 5, to 
extend the Penny Pilot through December 31, 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 June 30, 2018.\5\
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    \5\ See Securities Exchange Act Release No. 82365 (December 19, 
2017), 82 FR 61070 (December 26, 2017) (SR-NASDAQ-2017-130).
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    The Exchange proposes to extend the time period of the Penny Pilot 
through December 31, 2018 or the date of permanent approval, if 
earlier, and to provide a revised date for adding replacement 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 July 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 July replacement, trading volume from December 1, 2017 through 
May 31, 2018 would be analyzed. The month immediately preceding the 
replacement issues' addition to the Pilot Program (i.e., June) 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.

[[Page 31005]]

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 December 31, 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 July 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.\14\ Accordingly, the Commission designates 
the proposed rule change as operative upon filing with the 
Commission.\15\
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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\ See Securities Exchange Act Release No. 61061 (November 24, 
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \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).
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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) \16\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \16\ 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
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2018-048 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-NASDAQ-2018-048. 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

[[Page 31006]]

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-
NASDAQ-2018-048 and should be submitted on or before July 23, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14118 Filed 6-29-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               31004                             Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

                                               SECURITIES AND EXCHANGE                                   Exchange Act and will be filed with the                or the date of permanent approval, if
                                               COMMISSION                                                SEC as a rule change for effectiveness                 earlier,4 and to change the date when
                                                                                                         upon filing. Until such time as the                    delisted classes may be replaced in the
                                               [Release No. 34–83527; File No. SR–
                                               NASDAQ–2018–048]
                                                                                                         Board makes a change in the                            Penny Pilot. The Exchange believes that
                                                                                                         increments, the following principles                   extending the Penny Pilot will allow for
                                               Self-Regulatory Organizations; The                        shall apply:                                           further analysis of the Penny Pilot and
                                               Nasdaq Stock Market LLC; Notice of                           (1)–(2) No Change.                                  a determination of how the program
                                               Filing and Immediate Effectiveness of                        (3) For a pilot period scheduled to                 should be structured in the future.
                                               Proposed Rule Change To Extend the                        expire on [June 30, 2018] December 31,                    Under the Penny Pilot, the minimum
                                               Exchange’s Penny Pilot Program                            2018 or the date of permanent approval,                price variation for all participating
                                                                                                         if earlier, if the options series is trading           options classes, except for the Nasdaq-
                                               June 26, 2018                                             pursuant to the Penny Pilot program one                100 Index Tracking Stock (‘‘QQQQ’’),
                                                  Pursuant to Section 19(b)(1) of the                    (1) cent if the options series is trading              the SPDR S&P 500 Exchange Traded
                                               Securities Exchange Act of 1934                           at less than $3.00, five (5) cents if the              Fund (‘‘SPY’’) and the iShares Russell
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                   options series is trading at $3.00 or                  2000 Index Fund (‘‘IWM’’), is $0.01 for
                                               notice is hereby given that on June 25,                   higher, unless for QQQQs, SPY and                      all quotations in options series that are
                                               2018, The Nasdaq Stock Market LLC                         IWM where the minimum quoting                          quoted at less than $3 per contract and
                                               (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the               increment will be one cent for all series              $0.05 for all quotations in options series
                                               Securities and Exchange Commission                        regardless of price. A list of such                    that are quoted at $3 per contract or
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                  options shall be communicated to                       greater. QQQQ, SPY and IWM are
                                               rule change as described in Items I and                   membership via an Options Trader Alert                 quoted in $0.01 increments for all
                                               II below, which Items have been                           (‘‘OTA’’) posted on the Exchange’s                     options series. The Penny Pilot is
                                               prepared by the Exchange. The                             website.                                               currently scheduled to expire on June
                                               Commission is publishing this notice to                      The Exchange may replace any pilot                  30, 2018.5
                                               solicit comments on the proposed rule                     issues that have been delisted with the                   The Exchange proposes to extend the
                                               change from interested persons.                           next most actively traded multiply                     time period of the Penny Pilot through
                                                                                                         listed options classes that are not yet                December 31, 2018 or the date of
                                               I. Self-Regulatory Organization’s
                                                                                                         included in the pilot, based on trading                permanent approval, if earlier, and to
                                               Statement of the Terms of Substance of
                                                                                                         activity in the previous six months. The               provide a revised date for adding
                                               the Proposed Rule Change
                                                                                                         replacement issues may be added to the                 replacement issues to the Penny Pilot.
                                                  The Exchange proposes to amend                         pilot on the second trading day                        The Exchange proposes that any Penny
                                               Chapter VI, Section 5 (Minimum                            following [January 1, 2018] July 1, 2018.              Pilot Program issues that have been
                                               Increments) 3 of the rules of The Nasdaq                     (4) No Change.                                      delisted may be replaced on the second
                                               Options Market (‘‘NOM’’) to extend                           (b) No Change.                                      trading day following July 1, 2018. The
                                               through December 31, 2018 or the date                     *      *      *     *    *                             replacement issues will be selected
                                               of permanent approval, if earlier, the                       The text of the proposed rule change                based on trading activity in the previous
                                               Penny Pilot Program in options classes                    is also available on the Exchange’s                    six months.6
                                               in certain issues (‘‘Penny Pilot’’ or                     website at http://                                        This filing does not propose any
                                               ‘‘Pilot’’), and to change the date when                   nasdaqomxbx.cchwallstreet.com, at the                  substantive changes to the Penny Pilot
                                               delisted classes may be replaced in the                   principal office of the Exchange, and at               Program; all classes currently
                                               Penny Pilot.                                              the Commission’s Public Reference                      participating in the Penny Pilot will
                                                  The text of the proposed rule change                   Room.                                                  remain the same and all minimum
                                               is set forth below. Proposed new
                                                                                                         II. Self-Regulatory Organization’s                     increments will remain unchanged. The
                                               language is italicized and proposed
                                                                                                         Statement of the Purpose of, and                       Exchange believes the benefits to public
                                               deleted language is in brackets.
                                                                                                         Statutory Basis for, the Proposed Rule                 customers and other market participants
                                               *      *      *     *   *                                                                                        who will be able to express their true
                                                                                                         Change
                                               The Nasdaq Stock Market Rules                                                                                    prices to buy and sell options have been
                                                                                                           In its filing with the Commission, the               demonstrated to outweigh the potential
                                               Options Rules                                             Exchange included statements                           increase in quote traffic.
                                               *          *   *       *      *                           concerning the purpose of and basis for
                                                                                                         the proposed rule change and discussed                    4 The options exchanges in the U.S. that have
                                               Chapter VI         Trading Systems                        any comments it received on the                        pilot programs similar to the Penny Pilot (together
                                               *          *   *       *      *                           proposed rule change. The text of these                ‘‘pilot programs’’) are currently working on a
                                                                                                         statements may be examined at the                      proposal for permanent approval of the respective
                                               Sec. 5 Minimum Increments                                 places specified in Item IV below. The                 pilot programs.
                                                                                                                                                                   5 See Securities Exchange Act Release No. 82365
                                                  (a) The Board may establish minimum                    Exchange has prepared summaries, set                   (December 19, 2017), 82 FR 61070 (December 26,
                                               quoting increments for options contracts                  forth in sections A, B, and C below, of                2017) (SR–NASDAQ–2017–130).
                                               traded on NOM. Such minimum                               the most significant aspects of such                      6 The replacement issues will be announced to

                                               increments established by the Board                       statements.                                            the Exchange’s membership via an Options Trader
                                                                                                                                                                Alert (OTA) posted on the Exchange’s website.
                                               will be designated as a stated policy,
                                                                                                         A. Self-Regulatory Organization’s                      Penny Pilot replacement issues will be selected
                                               practice, or interpretation with respect                                                                         based on trading activity in the previous six
                                                                                                         Statement of the Purpose of, and
daltland on DSKBBV9HB2PROD with NOTICES




                                               to the administration of this Section                                                                            months, as is the case today. The replacement
                                                                                                         Statutory Basis for, the Proposed Rule                 issues would be identified based on The Options
                                               within the meaning of Section 19 of the
                                                                                                         Change                                                 Clearing Corporation’s trading volume data. For
                                                                                                                                                                example, for the July replacement, trading volume
                                                   1 15
                                                      U.S.C. 78s(b)(1).                                  1. Purpose                                             from December 1, 2017 through May 31, 2018
                                                   2 17
                                                      CFR 240.19b–4.                                                                                            would be analyzed. The month immediately
                                                 3 References herein to Chapter and Series refer to        The purpose of this filing is to amend               preceding the replacement issues’ addition to the
                                               rules of the NASDAQ Options Market (‘‘NOM’’),             Chapter VI, Section 5, to extend the                   Pilot Program (i.e., June) would not be used for
                                               unless otherwise noted.                                   Penny Pilot through December 31, 2018                  purposes of the six-month analysis.



                                          VerDate Sep<11>2014     17:40 Jun 29, 2018   Jkt 244001   PO 00000   Frm 00096   Fmt 4703   Sfmt 4703   E:\FR\FM\02JYN1.SGM   02JYN1


                                                                                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices                                                       31005

                                               2. Statutory Basis                                         C. Self-Regulatory Organization’s                       rule change as operative upon filing
                                                                                                          Statement on Comments on the                            with the Commission.15
                                                  The Exchange believes that its                          Proposed Rule Change Received From                         At any time within 60 days of the
                                               proposal is consistent with Section 6(b)                   Members, Participants, or Others                        filing of such proposed rule change, the
                                               of the Act,7 in general, and furthers the                                                                          Commission summarily may
                                                                                                            No written comments were either
                                               objectives of Section 6(b)(5) of the Act,8                                                                         temporarily suspend such rule change if
                                                                                                          solicited or received.
                                               in particular, in that it is designed to                                                                           it appears to the Commission that such
                                               prevent fraudulent and manipulative                        III. Date of Effectiveness of the                       action is necessary or appropriate in the
                                               acts and practices, to promote just and                    Proposed Rule Change and Timing for                     public interest, for the protection of
                                               equitable principles of trade, to foster                   Commission Action                                       investors, or otherwise in furtherance of
                                               cooperation and coordination with                             The Exchange has filed the proposed                  the purposes of the Act. If the
                                               persons engaged in facilitating                            rule change pursuant to Section                         Commission takes such action, the
                                               transactions in securities, and to remove                  19(b)(3)(A)(iii) of the Act 9 and Rule                  Commission shall institute proceedings
                                               impediments to and perfect the                             19b–4(f)(6) thereunder.10 Because the                   under Section 19(b)(2)(B) 16 of the Act to
                                               mechanism of a free and open market                        proposed rule change does not: (i)                      determine whether the proposed rule
                                               and a national market system and, in                       Significantly affect the protection of                  change should be approved or
                                               general, to protect investors and the                      investors or the public interest; (ii)                  disapproved.
                                               public interest.                                           impose any significant burden on                        IV. Solicitation of Comments
                                                  In particular, the proposed rule                        competition; and (iii) become operative
                                                                                                          prior to 30 days from the date on which                   Interested persons are invited to
                                               change, which extends the Penny Pilot                                                                              submit written data, views, and
                                               for an additional six months through                       it was filed, or such shorter time as the
                                                                                                          Commission may designate, if                            arguments concerning the foregoing,
                                               December 31, 2018 or the date of                                                                                   including whether the proposed rule
                                               permanent approval, if earlier, and                        consistent with the protection of
                                                                                                          investors and the public interest, the                  change is consistent with the Act.
                                               changes the date for replacing Penny                                                                               Comments may be submitted by any of
                                               Pilot issues that were delisted to the                     proposed rule change has become
                                                                                                          effective pursuant to Section 19(b)(3)(A)               the following methods:
                                               second trading day following July 1,
                                               2018, will enable public customers and                     of the Act and Rule 19b–4(f)(6)(iii)                    Electronic Comments
                                               other market participants to express                       thereunder.                                               • Use the Commission’s internet
                                               their true prices to buy and sell options                     A proposed rule change filed under
                                                                                                                                                                  comment form (http://www.sec.gov/
                                                                                                          Rule 19b–4(f)(6) 11 normally does not
                                               for the benefit of all market participants.                                                                        rules/sro.shtml); or
                                                                                                          become operative prior to 30 days after                   • Send an email to rule-comments@
                                               This is consistent with the Act.
                                                                                                          the date of the filing.12 However,                      sec.gov. Please include File Number SR–
                                               B. Self-Regulatory Organization’s                          pursuant to Rule 19b–4(f)(6)(iii),13 the
                                                                                                                                                                  NASDAQ–2018–048 on the subject line.
                                               Statement on Burden on Competition                         Commission may designate a shorter
                                                                                                          time if such action is consistent with the              Paper Comments
                                                 The Exchange does not believe that                       protection of investors and the public                     • Send paper comments in triplicate
                                               the proposed rule change will impose                       interest. The Exchange has asked the                    to Secretary, Securities and Exchange
                                               any burden on competition not                              Commission to waive the 30-day                          Commission, 100 F Street NE,
                                               necessary or appropriate in furtherance                    operative delay so that the proposal may                Washington, DC 20549–1090.
                                               of the purposes of the Act. To the                         become operative immediately upon
                                               contrary, this proposal is pro-                                                                                    All submissions should refer to File
                                                                                                          filing. The Commission believes that                    Number SR–NASDAQ–2018–048. This
                                               competitive because it allows Penny                        waiving the 30-day operative delay is
                                               Pilot issues to continue trading on the                                                                            file number should be included on the
                                                                                                          consistent with the protection of                       subject line if email is used. To help the
                                               Exchange.                                                  investors and the public interest                       Commission process and review your
                                                 Moreover, the Exchange believes that                     because doing so will allow the Pilot                   comments more efficiently, please use
                                               the proposed rule change will allow for                    Program to continue without                             only one method. The Commission will
                                               further analysis of the Pilot and a                        interruption in a manner that is                        post all comments on the Commission’s
                                               determination of how the Pilot should                      consistent with the Commission’s prior                  internet website (http://www.sec.gov/
                                               be structured in the future; and will                      approval of the extension and expansion                 rules/sro.shtml). Copies of the
                                               serve to promote regulatory clarity and                    of the Pilot Program and will allow the                 submission, all subsequent
                                               consistency, thereby reducing burdens                      Exchange and the Commission                             amendments, all written statements
                                               on the marketplace and facilitating                        additional time to analyze the impact of                with respect to the proposed rule
                                               investor protection.                                       the Pilot Program.14 Accordingly, the                   change that are filed with the
                                                 The Pilot is an industry-wide                            Commission designates the proposed                      Commission, and all written
                                               initiative supported by all other option                     9 15
                                                                                                                                                                  communications relating to the
                                                                                                                  U.S.C. 78s(b)(3)(A)(iii).
                                               exchanges. The Exchange believes that                        10 17  CFR 240.19b–4(f)(6).
                                                                                                                                                                  proposed rule change between the
                                               extending the Pilot will allow for                           11 17 CFR 240.19b–4(f)(6).                            Commission and any person, other than
                                               continued competition between market                         12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–     those that may be withheld from the
                                               participants on the Exchange trading                       4(f)(6)(iii) requires the Exchange to give the          public in accordance with the
                                               similar products as their counterparts                     Commission written notice of the Exchange’s intent      provisions of 5 U.S.C. 552, will be
                                                                                                          to file the proposed rule change along with a brief
                                               on other exchanges, while at the same                                                                              available for website viewing and
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                                                                                                          description and the text of the proposed rule
                                               time allowing the Exchange to continue                     change, at least five business days prior to the date   printing in the Commission’s Public
                                               to compete for order flow with other                       of filing of the proposed rule change, or such
                                               exchanges in option issues trading as                      shorter time as designated by the Commission. The          15 For purposes only of waiving the operative
                                                                                                          Exchange has satisfied this pre-filing requirement.     delay for this proposal, the Commission has
                                               part of the Pilot.                                           13 17 CFR 240.19b–4(f)(6)(iii).                       considered the proposed rule’s impact on
                                                                                                            14 See Securities Exchange Act Release No. 61061      efficiency, competition, and capital formation. See
                                                 7 15   U.S.C. 78f(b).                                                                                            15 U.S.C. 78c(f).
                                                                                                          (November 24, 2009), 74 FR 62857 (December 1,
                                                 8 15   U.S.C. 78f(b)(5).                                 2009) (SR–NYSEArca–2009–44).                               16 15 U.S.C. 78s(b)(2)(B).




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                                               31006                           Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices

                                               Reference Room, 100 F Street NE,                        Exchange, at the Commission’s Public                   Preferred Market Maker must maintain
                                               Washington, DC 20549, on official                       Reference Room and also on the                         a continuous two-sided market,
                                               business days between the hours of                      Exchange’s internet website at http://                 throughout the trading day, in 99% of
                                               10:00 a.m. and 3:00 p.m. Copies of the                  boxoptions.com.                                        the non-adjusted option series of each
                                               filing also will be available for                                                                              class for which it accepts Preferenced
                                                                                                       II. Self-Regulatory Organization’s
                                               inspection and copying at the principal                                                                        Orders, for 90% of the time the
                                               office of the Exchange. All comments                    Statement of the Purpose of, and                       Exchange is open for trading in each
                                               received will be posted without change.                 Statutory Basis for, the Proposed Rule                 such option class.6 A Preferred Market
                                               Persons submitting comments are                         Change                                                 Maker is not required to quote in intra-
                                               cautioned that we do not redact or edit                   In its filing with the Commission, the               day add-on series or series that have a
                                               personal identifying information from                   self-regulatory organization included                  time to expiration of nine months or
                                               comment submissions. You should                         statements concerning the purpose of,                  more in the classes for which it receives
                                               submit only information that you wish                   and basis for, the proposed rule change                Preferenced Orders.
                                               to make available publicly. All                         and discussed any comments it received
                                                                                                                                                              Small Size Orders
                                               submissions should refer to File                        on the proposed rule change. The text
                                               Number SR–NASDAQ–2018–048 and                           of these statements may be examined at                    The Exchange is now proposing to
                                               should be submitted on or before July                   the places specified in Item IV below.                 amend Rule 7300 to provide an
                                               23, 2018.                                               The self-regulatory organization has                   additional allocation preference to
                                                                                                       prepared summaries, set forth in                       Preferred Market Makers. Specifically,
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated              Sections A, B, and C below, of the most                the Exchange is proposing that small
                                               authority.17                                            significant aspects of such statements.                size Preferenced Orders will be
                                               Eduardo A. Aleman,                                                                                             allocated in full to the Preferred Market
                                                                                                       A. Self-Regulatory Organization’s                      Maker, subject to certain conditions
                                               Assistant Secretary.                                    Statement of the Purpose of, and                       described below.7 Small size orders are
                                               [FR Doc. 2018–14118 Filed 6–29–18; 8:45 am]             Statutory Basis for, the Proposed Rule                 defined as five (5) or fewer contracts.
                                               BILLING CODE 8011–01–P                                  Change                                                    In order for the Preferred Market
                                                                                                       1. Purpose                                             Makers to be allocated the small size
                                                                                                                                                              order, they must be quoting at the NBBO
                                               SECURITIES AND EXCHANGE                                   The Exchange proposes to amend                       when they receive the Preferenced
                                               COMMISSION                                              BOX Rule 7300 (Preferenced Orders) to                  Order. As is the case with the current
                                               [Release No. 34–83525; File No. SR–BOX–                 provide an additional allocation                       allocation of Preferenced Orders, all
                                               2018–20]                                                preference to Preferred Market Makers.                 orders from the account of Public
                                                                                                       Specifically, the Exchange is proposing                Customers, if any, will continue to be
                                               Self-Regulatory Organizations; BOX                      to provide Preferred Market Makers                     allocated for execution against the
                                               Options Exchange LLC; Notice of                         with a small size order allocation                     Preferenced Order first. The Preferred
                                               Filing of Proposed Rule Change To                       preference.                                            Market Maker will only receive the
                                               Amend BOX Rule 7300 (Preferenced                                                                               small size order allocation if there are
                                               Orders) To Provide an Additional                        Background
                                                                                                                                                              contracts remaining after any Public
                                               Allocation Preference to Preferred                         The Exchange has rules to allow BOX                 Customer orders receive an allocation
                                               Market Makers                                           Options Participants (‘‘Participants’’) to             against the Preferenced Order. A
                                                                                                       submit orders for which a Market Maker                 Preferred Market Maker may only be
                                               June 26, 2018.
                                                                                                       is designated to receive an allocation                 allocated up to the size of their quote.
                                                  Pursuant to Section 19(b)(1) of the
                                                                                                       preference on the Exchange                                The Exchange will monitor the
                                               Securities Exchange Act of 1934 (the
                                                                                                       (‘‘Preferenced Orders’’).3 The rules                   frequency in which Preferred Market
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                       provide for the enhanced allocation to                 Makers receive the small size order
                                               notice is hereby given that on June 13,
                                                                                                       the Preferred Market Maker 4 only when                 allocation. Specifically, the Exchange
                                               2018, BOX Options Exchange LLC (the
                                                                                                       the Preferred Market Maker is quoting at               will review the proposed provision
                                               ‘‘Exchange’’) filed with the Securities
                                                                                                       NBBO.                                                  quarterly and will maintain the small
                                               and Exchange Commission                                    A Preferenced Order is any order
                                               (‘‘Commission’’) the proposed rule                                                                             order size at a level that will not allow
                                                                                                       submitted by a Participant to the                      small size orders executed by Preferred
                                               change as described in Items I and II                   Exchange for which a Preferred Market
                                               below, which Items have been prepared                                                                          Market Makers to account for more than
                                                                                                       Maker is designated to receive execution               40% of the volume executed on the
                                               by the self-regulatory organization. The                priority, with respect to a portion of the
                                               Commission is publishing this notice to                                                                        Exchange.
                                                                                                       Preferenced Order, upon meeting                           The Exchange does not believe the
                                               solicit comments on the proposed rule                   certain qualifications.5 Preferenced
                                               change from interested persons.                                                                                proposal raises any new or novel issues.
                                                                                                       Orders are submitted by a Participant by               Currently, the vast majority of options
                                               I. Self-Regulatory Organization’s                       designating an order as such and                       exchanges provide a small lot allocation
                                               Statement of the Terms of the Substance                 identifying a Preferred Market Maker                   preference to specialists,8 with the
                                               of the Proposed Rule Change                             when entering the order.
                                                  The Exchange proposes to amend                          In order for a Preferred Market Maker                 6 See Rule 7300(a)(2).
                                               BOX Rule 7300 (Preferenced Orders) to                   to be eligible to receive Preferenced                    7 See proposed Rule 7300(e).
                                               provide an additional allocation                        Orders, they must maintain heightened                     8 Cboe EDGX Rule 21.8(g)(2) provides a small lot
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                                                                                                       quoting activity. Specifically, a                      allocation preference to Primary Market Makers,
                                               preference to Preferred Market Makers.                                                                         Nasdaq ISE Rule 713.01(c) provides a small lot
                                               The text of the proposed rule change is                   3 See
                                                                                                                                                              allocation preference for Primary Market Makers,
                                                                                                               Rule 7300.                                     NYSE American Rule 964.2NY provides a small lot
                                               available from the principal office of the                4 The term ‘‘Preferred Market Maker’’ means a        allocation preference to the Primary Specialist,
                                                                                                       Market Maker designated as such by a Participant       Nasdaq BX Chap. VI, Section 10(c)(2) provides a
                                                 17 17 CFR 200.30–3(a)(12).                            with respect to an order submitted by such             small lot allocation preference for the Lead Market
                                                 1 15 U.S.C. 78s(b)(1).                                Participant to BOX. See Rule 7300(a)(2).               Maker, Nasdaq GEM [sic] Rule 713.01(c) provides
                                                 2 17 CFR 240.19b–4.                                     5 See Rule 7300.                                     a small lot allocation preference for Primary Market



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Document Created: 2018-06-30 00:17:57
Document Modified: 2018-06-30 00:17:57
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 31004 

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