83_FR_31355 83 FR 31227 - Self-Regulatory Organizations; Nasdaq Phlx LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Exchange's Penny Pilot Program

83 FR 31227 - Self-Regulatory Organizations; Nasdaq Phlx 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 128 (July 3, 2018)

Page Range31227-31229
FR Document2018-14291

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31227-31229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14291]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83530; File No. SR-Phlx-2018-50]


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

 June 28, 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, Nasdaq Phlx LLC (``Phlx'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Phlx Rule 1034 (Minimum Increments) 
\3\ to extend through 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 rules refer to rules of Phlx, unless 
otherwise noted.
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    The text of the proposed rule change is set forth below. Proposed 
new language is italicized and proposed deleted language is in 
brackets.
* * * * *
Nasdaq PHLX Rules
Options Rules
* * * * *
Rule 1034. Minimum Increments
    (a) Except as provided in sub-paragraphs (i)(B) and (iii) below, 
all options on stocks, index options, and Exchange Traded Fund Shares 
quoting in decimals at $3.00 or higher shall have a minimum increment 
of $.10, and all options on stocks and index options quoting in 
decimals under $3.00 shall have a minimum increment of $.05.
    (i)(A) No Change.
    (B) For a pilot period scheduled to expire [June 30, 2018]December 
31, 2018 or the date of permanent approval, if earlier (the ``pilot''), 
certain options shall be quoted and traded on the Exchange in minimum 
increments of $0.01 for all series in such options with a price of less 
than $3.00, and in minimum increments of $0.05 for all series in such 
options with a price of $3.00 or higher, except that options overlying 
the PowerShares QQQ Trust (``QQQQ'')[supreg], SPDR S&P 500 Exchange 
Traded Funds (``SPY''), and iShares Russell 2000 Index Funds (``IWM'') 
shall be quoted and traded in minimum increments of $0.01 for all 
series regardless of the price. A list of such options shall be 
communicated to membership via an Options Trader Alert (``OTA'') posted 
on the Exchange's website.
    The Exchange may replace any pilot issues that have been delisted 
with the next most actively traded multiply listed options classes that 
are not yet included in the pilot, based on trading activity in the 
previous six months. The replacement issues may be added to the pilot 
on the second trading day following [January 1, 2018]July 1, 2018.
    (C) No Change.

[[Page 31228]]

    (ii)-(v) No Change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website at http://nasdaqomxphlx.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 Phlx Rule 1034 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. 82370 (December 20, 
2017), 82 FR 61351 (December 27, 2017) (SR-Phlx-2017-104).
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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.
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.
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    \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

[[Page 31229]]

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).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2018-50 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2018-50. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-Phlx-2018-50 and should be submitted on 
or before July 24, 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. 2018-14291 Filed 7-2-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                                        31227

                                                operational requirements mentioned                       those that may be withheld from the                     I. Self-Regulatory Organization’s
                                                above.                                                   public in accordance with the                           Statement of the Terms of Substance of
                                                                                                         provisions of 5 U.S.C. 552, will be                     the Proposed Rule Change
                                                (C) Clearing Agency’s Statement on
                                                Comments on the Proposed Rule                            available for website viewing and                          The Exchange proposes to amend
                                                Change Received From Members,                            printing in the Commission’s Public                     Phlx Rule 1034 (Minimum Increments) 3
                                                Participants, or Others                                  Reference Room, 100 F Street NE,                        to extend through December 31, 2018 or
                                                                                                         Washington, DC 20549 on official                        the date of permanent approval, if
                                                  DTC has not received or solicited any
                                                                                                         business days between the hours of                      earlier, the Penny Pilot Program in
                                                written comments relating to this
                                                                                                         10:00 a.m. and 3:00 p.m. Copies of the                  options classes in certain issues (‘‘Penny
                                                proposal. DTC will notify the
                                                                                                         filing also will be available for                       Pilot’’ or ‘‘Pilot’’), and to change the
                                                Commission of any written comments
                                                                                                         inspection and copying at the principal                 date when delisted classes may be
                                                received by DTC.
                                                                                                         office of DTC and on DTCC’s website                     replaced in the Penny Pilot.
                                                III. Date of Effectiveness of the                        (http://dtcc.com/legal/sec-rule-                           The text of the proposed rule change
                                                Proposed Rule Change, and Timing for                     filings.aspx). All comments received                    is set forth below. Proposed new
                                                Commission Action                                        will be posted without change. Persons                  language is italicized and proposed
                                                   The foregoing rule change has become                  submitting comments are cautioned that                  deleted language is in brackets.
                                                effective pursuant to Section 19(b)(3)(A)                we do not redact or edit personal                       *      *     *      *     *
                                                of the Act and paragraph (f) of Rule                     identifying information from comment                    Nasdaq PHLX Rules
                                                19b–4 thereunder. At any time within                     submissions. You should submit only
                                                60 days of the filing of the proposed rule               information that you wish to make                       Options Rules
                                                change, the Commission summarily may                     available publicly. All submissions                     *       *      *      *       *
                                                temporarily suspend such rule change if                  should refer to File Number SR–DTC–
                                                it appears to the Commission that such                                                                           Rule 1034. Minimum Increments
                                                                                                         2018–002 and should be submitted on
                                                action is necessary or appropriate in the                or before July 24, 2018.                                   (a) Except as provided in sub-
                                                public interest, for the protection of                                                                           paragraphs (i)(B) and (iii) below, all
                                                investors, or otherwise in furtherance of                  For the Commission, by the Division of                options on stocks, index options, and
                                                the purposes of the Act.                                 Trading and Markets, pursuant to delegated              Exchange Traded Fund Shares quoting
                                                                                                         authority.27                                            in decimals at $3.00 or higher shall have
                                                IV. Solicitation of Comments                             Eduardo A. Aleman,                                      a minimum increment of $.10, and all
                                                  Interested persons are invited to                      Assistant Secretary.                                    options on stocks and index options
                                                submit written data, views and                           [FR Doc. 2018–14298 Filed 7–2–18; 8:45 am]              quoting in decimals under $3.00 shall
                                                arguments concerning the foregoing,                      BILLING CODE 8011–01–P                                  have a minimum increment of $.05.
                                                including whether the proposed rule                                                                                 (i)(A) No Change.
                                                change is consistent with the Act.                                                                                  (B) For a pilot period scheduled to
                                                Comments may be submitted by any of                      SECURITIES AND EXCHANGE                                 expire [June 30, 2018]December 31,
                                                the following methods:                                   COMMISSION                                              2018 or the date of permanent approval,
                                                Electronic Comments                                                                                              if earlier (the ‘‘pilot’’), certain options
                                                                                                                                                                 shall be quoted and traded on the
                                                  • Use the Commission’s internet                        [Release No. 34–83530; File No. SR–Phlx–
                                                                                                                                                                 Exchange in minimum increments of
                                                comment form (http://www.sec.gov/                        2018–50]
                                                                                                                                                                 $0.01 for all series in such options with
                                                rules/sro.shtml); or                                                                                             a price of less than $3.00, and in
                                                  • Send an email to rule-comments@                      Self-Regulatory Organizations; Nasdaq
                                                                                                         Phlx LLC; Notice of Filing and                          minimum increments of $0.05 for all
                                                sec.gov. Please include File Number SR–                                                                          series in such options with a price of
                                                DTC–2018–002 on the subject line.                        Immediate Effectiveness of Proposed
                                                                                                                                                                 $3.00 or higher, except that options
                                                                                                         Rule Change To Extend the
                                                Paper Comments                                                                                                   overlying the PowerShares QQQ Trust
                                                                                                         Exchange’s Penny Pilot Program                          (‘‘QQQQ’’)®, SPDR S&P 500 Exchange
                                                  • Send paper comments in triplicate
                                                                                                         June 28, 2018.                                          Traded Funds (‘‘SPY’’), and iShares
                                                to Secretary, Securities and Exchange
                                                                                                                                                                 Russell 2000 Index Funds (‘‘IWM’’)
                                                Commission, 100 F Street NE,                                Pursuant to Section 19(b)(1) of the                  shall be quoted and traded in minimum
                                                Washington, DC 20549.                                    Securities Exchange Act of 1934                         increments of $0.01 for all series
                                                All submissions should refer to File                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 regardless of the price. A list of such
                                                Number SR–DTC–2018–002. This file                        notice is hereby given that on June 25,                 options shall be communicated to
                                                number should be included on the                         2018, Nasdaq Phlx LLC (‘‘Phlx’’ or                      membership via an Options Trader Alert
                                                subject line if email is used. To help the               ‘‘Exchange’’) filed with the Securities                 (‘‘OTA’’) posted on the Exchange’s
                                                Commission process and review your                       and Exchange Commission (‘‘SEC’’ or                     website.
                                                comments more efficiently, please use                    ‘‘Commission’’) the proposed rule                          The Exchange may replace any pilot
                                                only one method. The Commission will                     change as described in Items I and II                   issues that have been delisted with the
                                                post all comments on the Commission’s                    below, which Items have been prepared                   next most actively traded multiply
                                                internet website (http://www.sec.gov/                    by the Exchange. The Commission is                      listed options classes that are not yet
                                                rules/sro.shtml). Copies of the                                                                                  included in the pilot, based on trading
                                                                                                         publishing this notice to solicit
                                                submission, all subsequent
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         comments on the proposed rule change                    activity in the previous six months. The
                                                amendments, all written statements                                                                               replacement issues may be added to the
                                                                                                         from interested persons.
                                                with respect to the proposed rule                                                                                pilot on the second trading day
                                                change that are filed with the                                                                                   following [January 1, 2018]July 1, 2018.
                                                Commission, and all written                                                                                         (C) No Change.
                                                communications relating to the                                27 17 CFR 200.30–3(a)(12).
                                                proposed rule change between the                              1 15 U.S.C. 78s(b)(1).                               3 References herein to rules refer to rules of Phlx,

                                                Commission and any person, other than                         2 17 CFR 240.19b–4.                                unless otherwise noted.



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                                                31228                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices

                                                   (ii)–(v) No Change.                                   December 31, 2018 or the date of                      B. Self-Regulatory Organization’s
                                                *      *     *    *     *                                permanent approval, if earlier, and to                Statement on Burden on Competition
                                                   The text of the proposed rule change                  provide a revised date for adding                       The Exchange does not believe that
                                                is also available on the Exchange’s                      replacement issues to the Penny Pilot.                the proposed rule change will impose
                                                website at http://                                       The Exchange proposes that any Penny                  any burden on competition not
                                                nasdaqomxphlx.cchwallstreet.com, at                      Pilot Program issues that have been                   necessary or appropriate in furtherance
                                                the principal office of the Exchange, and                delisted may be replaced on the second                of the purposes of the Act. To the
                                                at the Commission’s Public Reference                     trading day following July 1, 2018. The               contrary, this proposal is pro-
                                                Room.                                                    replacement issues will be selected                   competitive because it allows Penny
                                                                                                         based on trading activity in the previous             Pilot issues to continue trading on the
                                                II. Self-Regulatory Organization’s
                                                                                                         six months.6                                          Exchange.
                                                Statement of the Purpose of, and
                                                                                                            This filing does not propose any                     Moreover, the Exchange believes that
                                                Statutory Basis for, the Proposed Rule
                                                                                                         substantive changes to the Penny Pilot                the proposed rule change will allow for
                                                Change
                                                                                                         Program; all classes currently                        further analysis of the Pilot and a
                                                   In its filing with the Commission, the                participating in the Penny Pilot will
                                                Exchange included statements                                                                                   determination of how the Pilot should
                                                                                                         remain the same and all minimum                       be structured in the future; and will
                                                concerning the purpose of and basis for                  increments will remain unchanged. The
                                                the proposed rule change and discussed                                                                         serve to promote regulatory clarity and
                                                                                                         Exchange believes the benefits to public              consistency, thereby reducing burdens
                                                any comments it received on the                          customers and other market participants
                                                proposed rule change. The text of these                                                                        on the marketplace and facilitating
                                                                                                         who will be able to express their true                investor protection.
                                                statements may be examined at the                        prices to buy and sell options have been
                                                places specified in Item IV below. The                                                                           The Pilot is an industry-wide
                                                                                                         demonstrated to outweigh the potential
                                                Exchange has prepared summaries, set                                                                           initiative supported by all other option
                                                                                                         increase in quote traffic.
                                                forth in sections A, B, and C below, of                                                                        exchanges. The Exchange believes that
                                                the most significant aspects of such                     2. Statutory Basis                                    extending the Pilot will allow for
                                                statements.                                                 The Exchange believes that its                     continued competition between market
                                                                                                         proposal is consistent with Section 6(b)              participants on the Exchange trading
                                                A. Self-Regulatory Organization’s                                                                              similar products as their counterparts
                                                Statement of the Purpose of, and                         of the Act,7 in general, and furthers the
                                                                                                         objectives of Section 6(b)(5) of the Act,8            on other exchanges, while at the same
                                                Statutory Basis for, the Proposed Rule                                                                         time allowing the Exchange to continue
                                                Change                                                   in particular, in that it is designed to
                                                                                                         prevent fraudulent and manipulative                   to compete for order flow with other
                                                1. Purpose                                               acts and practices, to promote just and               exchanges in option issues trading as
                                                                                                         equitable principles of trade, to foster              part of the Pilot.
                                                   The purpose of this filing is to amend
                                                Phlx Rule 1034 to extend the Penny                       cooperation and coordination with                     C. Self-Regulatory Organization’s
                                                Pilot through December 31, 2018 or the                   persons engaged in facilitating                       Statement on Comments on the
                                                date of permanent approval, if earlier,4                 transactions in securities, and to remove             Proposed Rule Change Received From
                                                and to change the date when delisted                     impediments to and perfect the                        Members, Participants, or Others
                                                classes may be replaced in the Penny                     mechanism of a free and open market
                                                                                                                                                                 No written comments were either
                                                Pilot. The Exchange believes that                        and a national market system and, in
                                                                                                                                                               solicited or received.
                                                extending the Penny Pilot will allow for                 general, to protect investors and the
                                                further analysis of the Penny Pilot and                  public interest.                                      III. Date of Effectiveness of the
                                                a determination of how the program                          In particular, the proposed rule                   Proposed Rule Change and Timing for
                                                should be structured in the future.                      change, which extends the Penny Pilot                 Commission Action
                                                   Under the Penny Pilot, the minimum                    for an additional six months through                     The Exchange has filed the proposed
                                                price variation for all participating                    December 31, 2018 or the date of                      rule change pursuant to Section
                                                options classes, except for the Nasdaq-                  permanent approval, if earlier, and                   19(b)(3)(A)(iii) of the Act 9 and Rule
                                                100 Index Tracking Stock (‘‘QQQQ’’),                     changes the date for replacing Penny
                                                the SPDR S&P 500 Exchange Traded                                                                               19b–4(f)(6) thereunder.10 Because the
                                                                                                         Pilot issues that were delisted to the                proposed rule change does not: (i)
                                                Fund (‘‘SPY’’) and the iShares Russell                   second trading day following July 1,
                                                2000 Index Fund (‘‘IWM’’), is $0.01 for                                                                        Significantly affect the protection of
                                                                                                         2018, will enable public customers and                investors or the public interest; (ii)
                                                all quotations in options series that are                other market participants to express
                                                quoted at less than $3 per contract and                                                                        impose any significant burden on
                                                                                                         their true prices to buy and sell options             competition; and (iii) become operative
                                                $0.05 for all quotations in options series               for the benefit of all market participants.
                                                that are quoted at $3 per contract or                                                                          prior to 30 days from the date on which
                                                                                                         This is consistent with the Act.                      it was filed, or such shorter time as the
                                                greater. QQQQ, SPY and IWM are
                                                quoted in $0.01 increments for all                                                                             Commission may designate, if
                                                                                                            6 The replacement issues will be announced to
                                                options series. The Penny Pilot is                                                                             consistent with the protection of
                                                                                                         the Exchange’s membership via an Options Trader
                                                currently scheduled to expire on June                    Alert (OTA) posted on the Exchange’s website.         investors and the public interest, the
                                                30, 2018.5                                               Penny Pilot replacement issues will be selected       proposed rule change has become
                                                   The Exchange proposes to extend the                   based on trading activity in the previous six         effective pursuant to Section 19(b)(3)(A)
                                                                                                         months, as is the case today. The replacement         of the Act and Rule 19b–4(f)(6)(iii)
                                                time period of the Penny Pilot through                   issues would be identified based on The Options
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                                                                                                         Clearing Corporation’s trading volume data. For       thereunder.
                                                   4 The options exchanges in the U.S. that have         example, for the July replacement, trading volume        A proposed rule change filed under
                                                pilot programs similar to the Penny Pilot (together      from December 1, 2017 through May 31, 2018            Rule 19b–4(f)(6) 11 normally does not
                                                ‘‘pilot programs’’) are currently working on a           would be analyzed. The month immediately              become operative prior to 30 days after
                                                proposal for permanent approval of the respective        preceding the replacement issues’ addition to the
                                                pilot programs.                                          Pilot Program (i.e., June) would not be used for
                                                   5 See Securities Exchange Act Release No. 82370       purposes of the six-month analysis.                     9 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                            7 15 U.S.C. 78f(b).                                  10 17 CFR 240.19b–4(f)(6).
                                                (December 20, 2017), 82 FR 61351 (December 27,
                                                2017) (SR–Phlx–2017–104).                                   8 15 U.S.C. 78f(b)(5).                               11 17 CFR 240.19b–4(f)(6).




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                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                                       31229

                                                the date of the filing.12 However,                       Electronic Comments                                       SECURITIES AND EXCHANGE
                                                pursuant to Rule 19b–4(f)(6)(iii),13 the                                                                           COMMISSION
                                                Commission may designate a shorter                         • Use the Commission’s internet
                                                time if such action is consistent with the               comment form (http://www.sec.gov/                         [Release No. 34–83536; File No. SR–
                                                protection of investors and the public                   rules/sro.shtml); or                                      CboeBYX–2018–009]
                                                interest. The Exchange has asked the                       • Send an email to rule-comments@
                                                Commission to waive the 30-day                           sec.gov. Please include File Number SR–                   Self-Regulatory Organizations; Cboe
                                                operative delay so that the proposal may                 Phlx–2018–50 on the subject line.                         BYX Exchange, Inc.; Notice of Filing
                                                become operative immediately upon                                                                                  and Immediate Effectiveness of a
                                                                                                         Paper Comments                                            Proposed Rule Change to Rule 11.9,
                                                filing. The Commission believes that
                                                                                                                                                                   Orders and Modifiers
                                                waiving the 30-day operative delay is                       • Send paper comments in triplicate
                                                consistent with the protection of                        to Secretary, Securities and Exchange                     June 28, 2018.
                                                investors and the public interest                        Commission, 100 F Street NE,                                 Pursuant to Section 19(b)(1) of the
                                                because doing so will allow the Pilot                    Washington, DC 20549–1090.                                Securities Exchange Act of 1934
                                                Program to continue without                                 All submissions should refer to File                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                interruption in a manner that is                         Number SR–Phlx–2018–50. This file                         notice is hereby given that on June 18,
                                                consistent with the Commission’s prior                   number should be included on the                          2018, Cboe BYX Exchange, Inc. (the
                                                approval of the extension and expansion                                                                            ‘‘Exchange’’ or ‘‘BYX’’) filed with the
                                                                                                         subject line if email is used. To help the
                                                of the Pilot Program and will allow the                                                                            Securities and Exchange Commission
                                                                                                         Commission process and review your
                                                Exchange and the Commission                                                                                        (‘‘Commission’’) the proposed rule
                                                                                                         comments more efficiently, please use
                                                additional time to analyze the impact of                                                                           change as described in Items I and II
                                                                                                         only one method. The Commission will                      below, which Items have been prepared
                                                the Pilot Program.14 Accordingly, the                    post all comments on the Commission’s
                                                Commission designates the proposed                                                                                 by the Exchange. The Exchange has
                                                                                                         internet website (http://www.sec.gov/                     designated this proposal as a ‘‘non-
                                                rule change as operative upon filing                     rules/sro.shtml). Copies of the
                                                with the Commission.15                                                                                             controversial’’ proposed rule change
                                                                                                         submission, all subsequent                                pursuant to Section 19(b)(3)(A) of the
                                                   At any time within 60 days of the                     amendments, all written statements                        Act 3 and Rule 19b–4(f)(6) thereunder,4
                                                filing of such proposed rule change, the                 with respect to the proposed rule                         which renders it effective upon filing
                                                Commission summarily may                                 change that are filed with the                            with the Commission. The Commission
                                                temporarily suspend such rule change if                  Commission, and all written                               is publishing this notice to solicit
                                                it appears to the Commission that such                   communications relating to the                            comments on the proposed rule change
                                                action is necessary or appropriate in the                proposed rule change between the                          from interested persons.
                                                public interest, for the protection of                   Commission and any person, other than
                                                                                                                                                                   I. Self-Regulatory Organization’s
                                                investors, or otherwise in furtherance of                those that may be withheld from the                       Statement of the Terms of Substance of
                                                the purposes of the Act. If the                          public in accordance with the                             the Proposed Rule Change
                                                Commission takes such action, the                        provisions of 5 U.S.C. 552, will be
                                                Commission shall institute proceedings                   available for website viewing and                           The Exchange filed a proposal to add
                                                under Section 19(b)(2)(B) 16 of the Act to               printing in the Commission’s Public                       a new optional order type modifier to be
                                                determine whether the proposed rule                      Reference Room, 100 F Street NE,                          known as Non-Displayed Swap. The
                                                change should be approved or                             Washington, DC 20549, on official                         proposed amendments are substantively
                                                disapproved.                                             business days between the hours of                        identical to the rules of Cboe EDGX
                                                                                                                                                                   Exchange, Inc. (‘‘EDGX’’) 5 and
                                                IV. Solicitation of Comments                             10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                   substantially similar to the rules of the
                                                                                                         filing also will be available for
                                                                                                                                                                   Nasdaq Stock Market LLC (‘‘Nasdaq’’) 6
                                                  Interested persons are invited to                      inspection and copying at the principal                   and NYSE Arca, Inc. (‘‘Arca’’).7
                                                submit written data, views, and                          office of the Exchange. All comments
                                                arguments concerning the foregoing,                      received will be posted without change.                     1 15 U.S.C. 78s(b)(1).
                                                including whether the proposed rule                      Persons submitting comments are                             2 17 CFR 240.19b–4.
                                                change is consistent with the Act.                       cautioned that we do not redact or edit                     3 15 U.S.C. 78s(b)(3)(A).

                                                Comments may be submitted by any of                      personal identifying information from                       4 17 CFR 240.19b–4(f)(6).

                                                the following methods:                                   comment submissions. You should                             5 See EDGX Rules 11.6(n)(7), 11.8(b)(7) and

                                                                                                                                                                   11.8(d)(5); see also Securities Exchange Act Release
                                                                                                         submit only information that you wish                     No. 80841 (June 1, 2017), 82 FR 26559 (June 7,
                                                   12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–     to make available publicly. All                           2017), (Notice of Filing and Immediate
                                                4(f)(6)(iii) requires the Exchange to give the           submissions should refer to File                          Effectiveness To Add a New Optional Order
                                                Commission written notice of the Exchange’s intent                                                                 Instruction Known as Non-Displayed Swap).
                                                to file the proposed rule change along with a brief      Number SR–Phlx–2018–50 and should                           6 See Nasdaq Rule 4703(m) (defining the Trade
                                                description and the text of the proposed rule            be submitted on or before July 24, 2018.                  Now order modifier); see also Securities Exchange
                                                change, at least five business days prior to the date                                                              Act Release No. 79282 (November 10, 2016), 81 FR
                                                of filing of the proposed rule change, or such             For the Commission, by the Division of
                                                                                                                                                                   81219 (November 17, 2016) (Notice of Filing and
                                                shorter time as designated by the Commission. The        Trading and Markets, pursuant to delegated
                                                                                                                                                                   Immediate Effectiveness of Proposed Rule change to
                                                Exchange has satisfied this pre-filing requirement.      authority.17                                              Amend Rule 4702 and Rule 4703 to Add a ‘‘Trade
                                                   13 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                         Eduardo A. Aleman,                                        Now’’ Instruction to Certain Order Types).
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                                                   14 See Securities Exchange Act Release No. 61061                                                                  7 See Arca Rule 7.31–E(d)(2)(B) (describing the
                                                (November 24, 2009), 74 FR 62857 (December 1,            Assistant Secretary.                                      Non-Display Remove Modifier); see also Securities
                                                2009) (SR–NYSEArca–2009–44).                             [FR Doc. 2018–14291 Filed 7–2–18; 8:45 am]                Exchange Act Release No. 76267 (October 26, 2015),
                                                   15 For purposes only of waiving the operative
                                                                                                         BILLING CODE 8011–01–P                                    80 FR 66951 (October 30, 2015) (Order Approving
                                                delay for this proposal, the Commission has                                                                        Proposed Rule change Adopting New Equity
                                                considered the proposed rule’s impact on                                                                           Trading Rules Relating to Orders and Modifiers and
                                                efficiency, competition, and capital formation. See                                                                Retail Liquidity Program To Reflect the
                                                15 U.S.C. 78c(f).                                                                                                  Implementation of Pillar, the Exchange’s New
                                                   16 15 U.S.C. 78s(b)(2)(B).                                 17 17   CFR 200.30–3(a)(12).                         Trading Technology Platform).



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Document Created: 2018-07-02 23:55:48
Document Modified: 2018-07-02 23:55:48
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 31227 

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