83_FR_47165 83 FR 46985 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404A, Select Provisions of Options Listing Procedures Plan, and Rule 406, Long-Term Option Contracts

83 FR 46985 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404A, Select Provisions of Options Listing Procedures Plan, and Rule 406, Long-Term Option Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 180 (September 17, 2018)

Page Range46985-46987
FR Document2018-20191

Federal Register, Volume 83 Issue 180 (Monday, September 17, 2018)
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46985-46987]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20191]



[[Page 46985]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84093; File No. SR-PEARL-2018-18]


Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange 
Rule 404A, Select Provisions of Options Listing Procedures Plan, and 
Rule 406, Long-Term Option Contracts

September 12, 2018
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on August 30, 2018, MIAX PEARL, LLC (``MIAX 
PEARL'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change '') a proposed rule 
change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Rule 404A, Select 
Provisions of Options Listing Procedures Plan, and Rule 406, Long-Term 
Option Contracts.
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX 
PEARL's principal office, and at the Commission's Public Reference 
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend MIAX PEARL Rule 404A, Select 
Provisions of Options Listing Procedures Plan, and Rule 406, Long-Term 
Option Contracts, to conform its rules to the recently approved changes 
to the Options Listing Procedures Plan (``OLPP''), as well as to the 
rules of other exchanges.\3\ The Exchange, which is one of the 
Participant Exchanges to the OLPP, currently has rules that are 
designed to incorporate the requirements of the OLPP.\4\ All 
Participant Exchanges have similar (essentially uniform) rules to 
ensure consistency and compliance with the OLPP. The Exchange proposes 
to modify its rules to reflect the recent updates described below, as 
well as to conform to the rules of the other exchanges.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 82235 (December 7, 
2017), 82 FR 58688 (December 13, 2017) (order approving the Fourth 
Amendment to the OLPP); 81893 (October 18, 2017), 82 FR 49249 
(``OLPP Notice'').
    \4\ In addition to the Exchange, the ``Participant Exchanges'' 
are: Cboe Exchange, Inc.; Cboe BZX Exchange, Inc.; BOX Options 
Exchange, LLC; Cboe C2 Exchange, Inc.; Cboe EDGX Exchange, Inc.; 
Miami International Securities Exchange, LLC; Nasdaq BX, Inc.; 
Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; Nasdaq Options 
Market, LLC; Nasdaq PHLX, LLC; NYSE Arca, Inc.; and NYSE American, 
LLC.
---------------------------------------------------------------------------

Addition of Long-Term Equity Options (``LEAPS'')
    First, the OLPP has been amended to change the earliest date on 
which new January LEAPS on equity options, options on Exchange Traded 
Funds (``ETF''), or options on Trust Issued Receipts (``TIR'') may be 
added to a single date (from three separate months). As noted in the 
OLPP Notice, in the past, there were operational concerns related to 
adding new January LEAPs series for all options classes on which LEAPs 
were listed on a single trading day.\5\ And, the addition of new series 
in a pre-electronic environment was a manual process. To accommodate 
this, the addition of new January LEAPs series was spread across three 
months (September, October, and November). Today, however, these 
operational concerns related to January LEAPs have been alleviated as 
new series can be added in bulk electronically. The Plan Participants, 
including the Exchange, believe that moving the addition of new January 
LEAPs series to no earlier than the Monday prior to the September 
expiration would reduce marketplace confusion about available January 
LEAPs series. Where previously January LEAPs series for options classes 
on the February or March expiration cycles would not have been 
available as early as January LEAPs series for options classes on the 
January expiration cycle, under the proposed change, all January LEAPs 
series will be available concurrently. Accordingly, to conform to this 
change, the Exchange proposes to modify current Rule 406(b) to reflect 
that new January LEAPS series on equity options classes, options on 
ETFs, or options on TIRs, may not be added on a currently listed and 
traded option class earlier than the Monday prior to the September 
expiration (which is 28 months before the expiration).\6\
---------------------------------------------------------------------------

    \5\ See OLPP Notice at 49249.
    \6\ See proposed Rule 406(b).
---------------------------------------------------------------------------

Addition of Equity, ETF, and TIR Option Series After Regular Trading 
Hours
    Second, the OLPP has been amended to allow equity, ETF, and TIR 
option series to be added based on trading after regular trading hours 
(i.e., after-market). As noted in the OLPP Notice, the prior version of 
the OLPP did not allow for option series to be added based on trading 
following regular trading hours.\7\ As such, the Exchange Participants 
were unable to add new option series that may result from trading 
following regular trading hours until the next morning, depending on 
the range of prices in pre-market trading, which is significant because 
events that occur after regular trading hours, such as earnings 
releases, often have an important impact on the price of an underlying 
security. In addition, there are operational difficulties for market 
participants throughout the industry adding series after system 
startup. To avoid the potential burden that would result from the 
inability to add series as a result of trading following regular 
trading hours, the OLPP was amended to allow an additional category by 
which the price of an underlying security may be measured. 
Specifically, to conform to the amended OLPP, the Exchange proposes to 
add subparagraph (b)(1)(iv) to Rule 404A to provide that ``for options 
series to be added based on trading following regular trading hours,'' 
the price of the underlying security is measured by ``the most recent 
share price reported by all national securities exchanges between 4:15 
p.m. and 6:00 p.m. Eastern Time.'' \8\
---------------------------------------------------------------------------

    \7\ See OLPP Notice at 49250.
    \8\ See proposed Rule 404A(b)(1)(iv). The Exchange proposes to 
relocate ``and'' from subparagraph (ii) to (iii) to conform to the 
change. See proposed Rule 404A(b)(1)(ii) and (iii).

---------------------------------------------------------------------------

[[Page 46986]]

Technical Changes
    The Exchange proposes to modify Rule 406(b) to delete now obsolete 
operational language, which dates back to when LEAPs were first 
adopted. The language in question provides that:

    After a new long-term option contract series is listed, such 
series will be opened for trading either when there is buying or 
selling interest, or forty (40) minutes prior to the close, 
whichever occurs first. No quotations will be posted for such 
options series until they are opened for trading.

    The Exchange proposes to delete this language because when this 
language was adopted LEAPs were not opened for trading until late in 
the trading day unless there was buying or selling interest. Today, 
however, technological improvements allow the Exchange to open all LEAP 
series at the same time as all other series in an option class.
Conforming Changes
    The Exchange proposes to make certain changes to conform its rules 
to the rules of other exchanges and to codify a certain provision in 
the OLPP that is not currently included in its rules. First, the 
Exchange proposes to add additional clarifying language to Rule 406(b). 
Specifically, the Exchange proposes to add a paragraph to note that, 
pursuant to the OLPP, ``exchanges that list and trade the same equity 
option class, ETF option class, or TIR option class are authorized to 
jointly determine and coordinate with the Options Clearing Corporation 
on the date of introduction of new LEAP series for that option class 
consistent with this paragraph (b).'' This clarifying language is 
identical to language contained in other exchanges' rules.\9\
---------------------------------------------------------------------------

    \9\ For example, see Cboe Rule 5.8(b); see also NYSE Arca Rule 
6.4-O(d)(ii).
---------------------------------------------------------------------------

    Second, Amendment 2 to the OLPP \10\ provided for a uniform minimum 
volume threshold per underlying class to qualify for the introduction 
of a new expiration year of LEAPS on equity, ETF and TIR classes. The 
Exchange proposes to codify this change made to the OLPP by Amendment 2 
as new subparagraph (c) to Rule 406 of the Exchange's rules. 
Specifically, this provision will provide: ``The Exchange shall not 
list new LEAP series on equity option classes, options on ETFs, or 
options on TIRs in a new expiration year if the national average daily 
contract volume, excluding LEAP and FLEX series, for that option class 
during the preceding three (3) calendar months is less than 1,000 
contracts, unless the new LEAP series has an expiration year that has 
already been listed on another exchange for that option class. The 
preceding volume threshold does not apply to the first six (6) months 
an equity option class, option on an ETF or option on a TIR is listed 
on any exchange.'' The Exchange notes that this conforming change is 
necessary to align the rules of the Exchange with the OLPP and with 
other exchanges.\11\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 58630 (September 
24, 2008), 73 FR 57166 (October 1, 2008) (Order granting permanent 
approval to Amendment No. 2 to the Plan for the Purpose of 
Developing and Implementing Procedures Designed to Facilitate the 
Listing and Trading of Standardized Options).
    \11\ For example, see Cboe Rule 5.8(c); see also NYSE Arca Rule 
6.4-O(d)(iii).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \12\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \13\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \14\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change, which conforms to the 
recently adopted provisions of the OLPP, as amended, allows the 
Exchange to continue to list extended far term option series that have 
been viewed as beneficial to traders, investors and public customers. 
Accordingly, the Exchange believes that the proposal is consistent with 
the Act because it will allow the Exchange to list all January 2021 
expiration series on the Monday prior to the September 2018 expiration. 
Moreover, this change would simplify the process for adding new January 
LEAP options series and reduce potential for investor confusion because 
all new January LEAP options would be made available beginning at the 
same time, consistent with the amended OLPP. The Exchange notes that 
this proposal does not propose any new provisions that have not already 
been approved by the Commission in the amended OLPP, but instead 
maintains series listing rules that conform to the amended OLPP.
    The proposal to permit series to be added based on after-market 
trading is designed to promote just and equitable principles of trade, 
to foster cooperation and coordination with persons engaged in 
facilitating transactions in securities, and to remove impediments to 
and perfect the mechanisms of a free and open market and a national 
market system, by allowing the Exchange to make series available for 
trading with reduced operational difficulties. The Exchange notes that 
this proposed change, which is consistent with the amended OLPP should 
provide market participants with earlier notice regarding what options 
series will be available for trading the following day, and should help 
to enhance investors' ability to plan their options trading. The 
Exchange also believes that the proposed technical changes, including 
deleting obsolete language and reorganizing and consolidating the rule, 
promote just and equitable principles of trade, foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, and remove impediments to and perfect the mechanism of a 
free and open market and a national market system. Furthermore, the 
Exchange believes that the proposed conforming changes, adding language 
to Rule 406, promote just and equitable principles of trade, foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and remove impediments to and perfect the 
mechanism of a free and open market and a national market system by 
providing clarity and consistency to the rules, and creating uniformity 
amongst exchanges with respect to rules related to the OLPP.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Specifically, the Exchange 
believes that by conforming Exchange rules to the amended OLPP, the 
Exchange would promote regulatory clarity and consistency, thereby 
reducing burdens on the marketplace and facilitating investor 
protection. The Exchange believes that adopting rules, which it 
anticipates will likewise be adopted by Participant Exchanges, would 
allow for continued competition between Exchange market participants 
trading

[[Page 46987]]

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.

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

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\ 
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.\17\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and 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 requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\19\ 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 notes that 
the Exchange's proposal would conform the Exchange's rules to the 
amended OLPP, which the Commission previously approved.\20\ 
Accordingly, the Commission believes that the proposal raises no new or 
novel regulatory issues and waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
The Commission therefore waives the 30-day operative delay and 
designates the proposed rule change to be operative upon filing.\21\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ See OLPP Notice, supra note 3.
    \21\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 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-PEARL-2018-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2018-18. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-PEARL-2018-18 and should be submitted on 
or before October 9, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20191 Filed 9-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices                                                   46985

                                               SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                     expiration would reduce marketplace
                                               COMMISSION                                                 Statement of the Purpose of, and                      confusion about available January
                                                                                                          Statutory Basis for, the Proposed Rule                LEAPs series. Where previously January
                                               [Release No. 34–84093; File No. SR–                        Change                                                LEAPs series for options classes on the
                                               PEARL–2018–18]                                                                                                   February or March expiration cycles
                                                                                                          1. Purpose
                                                                                                                                                                would not have been available as early
                                                                                                             The Exchange proposes to amend                     as January LEAPs series for options
                                               Self-Regulatory Organizations; MIAX
                                                                                                          MIAX PEARL Rule 404A, Select                          classes on the January expiration cycle,
                                               PEARL, LLC; Notice of Filing and
                                                                                                          Provisions of Options Listing                         under the proposed change, all January
                                               Immediate Effectiveness of a Proposed                      Procedures Plan, and Rule 406, Long-
                                               Rule Change To Amend Exchange                                                                                    LEAPs series will be available
                                                                                                          Term Option Contracts, to conform its                 concurrently. Accordingly, to conform
                                               Rule 404A, Select Provisions of                            rules to the recently approved changes
                                               Options Listing Procedures Plan, and                                                                             to this change, the Exchange proposes to
                                                                                                          to the Options Listing Procedures Plan                modify current Rule 406(b) to reflect
                                               Rule 406, Long-Term Option Contracts                       (‘‘OLPP’’), as well as to the rules of other          that new January LEAPS series on
                                                                                                          exchanges.3 The Exchange, which is one                equity options classes, options on ETFs,
                                               September 12, 2018
                                                                                                          of the Participant Exchanges to the                   or options on TIRs, may not be added
                                                  Pursuant to the provisions of Section                   OLPP, currently has rules that are                    on a currently listed and traded option
                                               19(b)(1) of the Securities Exchange Act                    designed to incorporate the                           class earlier than the Monday prior to
                                               of 1934 (‘‘Act’’) 1 and Rule 19b–4                         requirements of the OLPP.4 All                        the September expiration (which is 28
                                               thereunder,2 notice is hereby given that                   Participant Exchanges have similar                    months before the expiration).6
                                               on August 30, 2018, MIAX PEARL, LLC                        (essentially uniform) rules to ensure
                                               (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                     consistency and compliance with the                   Addition of Equity, ETF, and TIR
                                               with the Securities and Exchange                           OLPP. The Exchange proposes to                        Option Series After Regular Trading
                                               Commission (‘‘Commission’’) a                              modify its rules to reflect the recent                Hours
                                               proposed rule change ’’) a proposed rule                   updates described below, as well as to                   Second, the OLPP has been amended
                                               change as described in Items I and II                      conform to the rules of the other                     to allow equity, ETF, and TIR option
                                               below, which Items have been prepared                      exchanges.                                            series to be added based on trading after
                                               by the Exchange. The Commission is                         Addition of Long-Term Equity Options                  regular trading hours (i.e., after-market).
                                               publishing this notice to solicit                          (‘‘LEAPS’’)                                           As noted in the OLPP Notice, the prior
                                               comments on the proposed rule change                                                                             version of the OLPP did not allow for
                                                                                                             First, the OLPP has been amended to
                                               from interested persons.                                                                                         option series to be added based on
                                                                                                          change the earliest date on which new
                                                                                                          January LEAPS on equity options,                      trading following regular trading hours.7
                                               I. Self-Regulatory Organization’s                                                                                As such, the Exchange Participants were
                                               Statement of the Terms of Substance of                     options on Exchange Traded Funds
                                                                                                          (‘‘ETF’’), or options on Trust Issued                 unable to add new option series that
                                               the Proposed Rule Change                                                                                         may result from trading following
                                                                                                          Receipts (‘‘TIR’’) may be added to a
                                                                                                          single date (from three separate                      regular trading hours until the next
                                                  The Exchange is filing a proposal to                                                                          morning, depending on the range of
                                               amend Rule 404A, Select Provisions of                      months). As noted in the OLPP Notice,
                                                                                                          in the past, there were operational                   prices in pre-market trading, which is
                                               Options Listing Procedures Plan, and                                                                             significant because events that occur
                                               Rule 406, Long-Term Option Contracts.                      concerns related to adding new January
                                                                                                          LEAPs series for all options classes on               after regular trading hours, such as
                                                  The text of the proposed rule change                    which LEAPs were listed on a single                   earnings releases, often have an
                                               is available on the Exchange’s website at                  trading day.5 And, the addition of new                important impact on the price of an
                                               http://www.miaxoptions.com/rule-                           series in a pre-electronic environment                underlying security. In addition, there
                                               filings/pearl at MIAX PEARL’s principal                    was a manual process. To accommodate                  are operational difficulties for market
                                               office, and at the Commission’s Public                     this, the addition of new January LEAPs               participants throughout the industry
                                               Reference Room.                                            series was spread across three months                 adding series after system startup. To
                                                                                                          (September, October, and November).                   avoid the potential burden that would
                                               II. Self-Regulatory Organization’s                         Today, however, these operational                     result from the inability to add series as
                                               Statement of the Purpose of, and                           concerns related to January LEAPs have                a result of trading following regular
                                               Statutory Basis for, the Proposed Rule                     been alleviated as new series can be                  trading hours, the OLPP was amended
                                               Change                                                     added in bulk electronically. The Plan                to allow an additional category by
                                                                                                          Participants, including the Exchange,                 which the price of an underlying
                                                 In its filing with the Commission, the                                                                         security may be measured. Specifically,
                                                                                                          believe that moving the addition of new
                                               Exchange included statements                                                                                     to conform to the amended OLPP, the
                                                                                                          January LEAPs series to no earlier than
                                               concerning the purpose of and basis for                    the Monday prior to the September                     Exchange proposes to add subparagraph
                                               the proposed rule change and discussed                                                                           (b)(1)(iv) to Rule 404A to provide that
                                               any comments it received on the                               3 See Securities Exchange Act Release Nos. 82235   ‘‘for options series to be added based on
                                               proposed rule change. The text of these                    (December 7, 2017), 82 FR 58688 (December 13,         trading following regular trading
                                               statements may be examined at the                          2017) (order approving the Fourth Amendment to        hours,’’ the price of the underlying
                                                                                                          the OLPP); 81893 (October 18, 2017), 82 FR 49249
                                               places specified in Item IV below. The                     (‘‘OLPP Notice’’).                                    security is measured by ‘‘the most
                                               Exchange has prepared summaries, set                          4 In addition to the Exchange, the ‘‘Participant   recent share price reported by all
daltland on DSKBBV9HB2PROD with NOTICES




                                               forth in sections A, B, and C below, of                    Exchanges’’ are: Cboe Exchange, Inc.; Cboe BZX        national securities exchanges between
                                                                                                          Exchange, Inc.; BOX Options Exchange, LLC; Cboe       4:15 p.m. and 6:00 p.m. Eastern Time.’’ 8
                                               the most significant aspects of such                       C2 Exchange, Inc.; Cboe EDGX Exchange, Inc.;
                                               statements.                                                Miami International Securities Exchange, LLC;
                                                                                                                                                                  6 See proposed Rule 406(b).
                                                                                                          Nasdaq BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE,
                                                                                                          LLC; Nasdaq MRX, LLC; Nasdaq Options Market,            7 See OLPP Notice at 49250.
                                                                                                          LLC; Nasdaq PHLX, LLC; NYSE Arca, Inc.; and             8 See proposed Rule 404A(b)(1)(iv). The Exchange
                                                 1 15   U.S.C. 78s(b)(1).                                 NYSE American, LLC.                                   proposes to relocate ‘‘and’’ from subparagraph (ii)
                                                 2 17   CFR 240.19b–4.                                       5 See OLPP Notice at 49249.                                                                  Continued




                                          VerDate Sep<11>2014      17:47 Sep 14, 2018   Jkt 244001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\17SEN1.SGM    17SEN1


                                               46986                     Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices

                                               Technical Changes                                       daily contract volume, excluding LEAP                 approved by the Commission in the
                                                 The Exchange proposes to modify                       and FLEX series, for that option class                amended OLPP, but instead maintains
                                               Rule 406(b) to delete now obsolete                      during the preceding three (3) calendar               series listing rules that conform to the
                                               operational language, which dates back                  months is less than 1,000 contracts,                  amended OLPP.
                                               to when LEAPs were first adopted. The                   unless the new LEAP series has an                        The proposal to permit series to be
                                               language in question provides that:                     expiration year that has already been                 added based on after-market trading is
                                                                                                       listed on another exchange for that                   designed to promote just and equitable
                                                  After a new long-term option contract                option class. The preceding volume                    principles of trade, to foster cooperation
                                               series is listed, such series will be opened for                                                              and coordination with persons engaged
                                               trading either when there is buying or selling          threshold does not apply to the first six
                                                                                                       (6) months an equity option class,                    in facilitating transactions in securities,
                                               interest, or forty (40) minutes prior to the
                                               close, whichever occurs first. No quotations            option on an ETF or option on a TIR is                and to remove impediments to and
                                               will be posted for such options series until            listed on any exchange.’’ The Exchange                perfect the mechanisms of a free and
                                               they are opened for trading.                            notes that this conforming change is                  open market and a national market
                                                                                                       necessary to align the rules of the                   system, by allowing the Exchange to
                                                  The Exchange proposes to delete this
                                                                                                       Exchange with the OLPP and with other                 make series available for trading with
                                               language because when this language
                                                                                                       exchanges.11                                          reduced operational difficulties. The
                                               was adopted LEAPs were not opened for
                                                                                                                                                             Exchange notes that this proposed
                                               trading until late in the trading day                   2. Statutory Basis                                    change, which is consistent with the
                                               unless there was buying or selling                                                                            amended OLPP should provide market
                                                                                                          The Exchange believes that its
                                               interest. Today, however, technological                                                                       participants with earlier notice
                                                                                                       proposed rule change is consistent with
                                               improvements allow the Exchange to                                                                            regarding what options series will be
                                                                                                       Section 6(b) of the Act 12 in general, and
                                               open all LEAP series at the same time                                                                         available for trading the following day,
                                                                                                       furthers the objectives of Section 6(b)(5)
                                               as all other series in an option class.                                                                       and should help to enhance investors’
                                                                                                       of the Act 13 in particular, in that it is
                                               Conforming Changes                                      designed to prevent fraudulent and                    ability to plan their options trading. The
                                                  The Exchange proposes to make                        manipulative acts and practices, to                   Exchange also believes that the
                                                                                                       promote just and equitable principles of              proposed technical changes, including
                                               certain changes to conform its rules to
                                                                                                       trade, to foster cooperation and                      deleting obsolete language and
                                               the rules of other exchanges and to
                                                                                                       coordination with persons engaged in                  reorganizing and consolidating the rule,
                                               codify a certain provision in the OLPP
                                                                                                       facilitating transactions in securities, to           promote just and equitable principles of
                                               that is not currently included in its
                                                                                                       remove impediments to and perfect the                 trade, foster cooperation and
                                               rules. First, the Exchange proposes to
                                                                                                       mechanisms of a free and open market                  coordination with persons engaged in
                                               add additional clarifying language to
                                                                                                       and a national market system and, in                  facilitating transactions in securities,
                                               Rule 406(b). Specifically, the Exchange
                                                                                                       general, to protect investors and the                 and remove impediments to and perfect
                                               proposes to add a paragraph to note
                                                                                                       public interest. Additionally, the                    the mechanism of a free and open
                                               that, pursuant to the OLPP, ‘‘exchanges
                                                                                                       Exchange believes the proposed rule                   market and a national market system.
                                               that list and trade the same equity                                                                           Furthermore, the Exchange believes that
                                               option class, ETF option class, or TIR                  change is consistent with the Section
                                                                                                       6(b)(5) 14 requirement that the rules of              the proposed conforming changes,
                                               option class are authorized to jointly                                                                        adding language to Rule 406, promote
                                               determine and coordinate with the                       an exchange not be designed to permit
                                                                                                       unfair discrimination between                         just and equitable principles of trade,
                                               Options Clearing Corporation on the                                                                           foster cooperation and coordination
                                               date of introduction of new LEAP series                 customers, issuers, brokers, or dealers.
                                                                                                          In particular, the proposed rule                   with persons engaged in facilitating
                                               for that option class consistent with this                                                                    transactions in securities, and remove
                                               paragraph (b).’’ This clarifying language               change, which conforms to the recently
                                                                                                       adopted provisions of the OLPP, as                    impediments to and perfect the
                                               is identical to language contained in                                                                         mechanism of a free and open market
                                               other exchanges’ rules.9                                amended, allows the Exchange to
                                                                                                       continue to list extended far term option             and a national market system by
                                                  Second, Amendment 2 to the OLPP 10                                                                         providing clarity and consistency to the
                                               provided for a uniform minimum                          series that have been viewed as
                                                                                                       beneficial to traders, investors and                  rules, and creating uniformity amongst
                                               volume threshold per underlying class                                                                         exchanges with respect to rules related
                                               to qualify for the introduction of a new                public customers. Accordingly, the
                                                                                                       Exchange believes that the proposal is                to the OLPP.
                                               expiration year of LEAPS on equity, ETF
                                               and TIR classes. The Exchange proposes                  consistent with the Act because it will               B. Self-Regulatory Organization’s
                                               to codify this change made to the OLPP                  allow the Exchange to list all January                Statement on Burden on Competition
                                               by Amendment 2 as new subparagraph                      2021 expiration series on the Monday
                                                                                                                                                               The Exchange does not believe that
                                               (c) to Rule 406 of the Exchange’s rules.                prior to the September 2018 expiration.
                                                                                                                                                             the proposed rule change will impose
                                               Specifically, this provision will provide:              Moreover, this change would simplify
                                                                                                                                                             any burden on competition that is not
                                               ‘‘The Exchange shall not list new LEAP                  the process for adding new January
                                                                                                                                                             necessary or appropriate in furtherance
                                               series on equity option classes, options                LEAP options series and reduce                        of the purposes of the Act. Specifically,
                                               on ETFs, or options on TIRs in a new                    potential for investor confusion because              the Exchange believes that by
                                               expiration year if the national average                 all new January LEAP options would be                 conforming Exchange rules to the
                                                                                                       made available beginning at the same                  amended OLPP, the Exchange would
                                               to (iii) to conform to the change. See proposed Rule    time, consistent with the amended                     promote regulatory clarity and
                                               404A(b)(1)(ii) and (iii).                               OLPP. The Exchange notes that this                    consistency, thereby reducing burdens
daltland on DSKBBV9HB2PROD with NOTICES




                                                 9 For example, see Cboe Rule 5.8(b); see also
                                                                                                       proposal does not propose any new                     on the marketplace and facilitating
                                               NYSE Arca Rule 6.4–O(d)(ii).                            provisions that have not already been
                                                 10 See Securities Exchange Act Release No. 58630                                                            investor protection. The Exchange
                                               (September 24, 2008), 73 FR 57166 (October 1,            11 For example, see Cboe Rule 5.8(c); see also
                                                                                                                                                             believes that adopting rules, which it
                                               2008) (Order granting permanent approval to                                                                   anticipates will likewise be adopted by
                                               Amendment No. 2 to the Plan for the Purpose of          NYSE Arca Rule 6.4–O(d)(iii).
                                               Developing and Implementing Procedures Designed
                                                                                                        12 15 U.S.C. 78f(b).                                 Participant Exchanges, would allow for
                                               to Facilitate the Listing and Trading of                 13 15 U.S.C. 78f(b)(5).                              continued competition between
                                               Standardized Options).                                   14 Id.                                               Exchange market participants trading


                                          VerDate Sep<11>2014   17:47 Sep 14, 2018   Jkt 244001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\17SEN1.SGM   17SEN1


                                                                            Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Notices                                                 46987

                                               similar products as their counterparts                    therefore waives the 30-day operative                 printing in the Commission’s Public
                                               on other exchanges, while at the same                     delay and designates the proposed rule                Reference Room, 100 F Street NE,
                                               time allowing the Exchange to continue                    change to be operative upon filing.21                 Washington, DC 20549, on official
                                               to compete for order flow with other                         At any time within 60 days of the                  business days between the hours of
                                               exchanges in option issues.                               filing of such proposed rule change, the              10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                         Commission summarily may                              filing also will be available for
                                               C. Self-Regulatory Organization’s                         temporarily suspend such rule change if
                                               Statement on Comments on the                                                                                    inspection and copying at the principal
                                                                                                         it appears to the Commission that such                office of the Exchange. All comments
                                               Proposed Rule Change Received From                        action is necessary or appropriate in the
                                               Members, Participants, or Others                                                                                received will be posted without change.
                                                                                                         public interest, for the protection of                Persons submitting comments are
                                                 Written comments were neither                           investors, or otherwise in furtherance of             cautioned that we do not redact or edit
                                               solicited nor received.                                   the purposes of the Act. If the                       personal identifying information from
                                               III. Date of Effectiveness of the                         Commission takes such action, the                     comment submissions. You should
                                               Proposed Rule Change and Timing for                       Commission shall institute proceedings                submit only information that you wish
                                               Commission Action                                         under Section 19(b)(2)(B) 22 of the Act to            to make available publicly. All
                                                                                                         determine whether the proposed rule                   submissions should refer to File
                                                  The Exchange has filed the proposed                    change should be approved or                          Number SR–PEARL–2018–18 and
                                               rule change pursuant to Section                           disapproved.                                          should be submitted on or before
                                               19(b)(3)(A)(iii) of the Act 15 and Rule
                                                                                                         IV. Solicitation of Comments                          October 9, 2018.
                                               19b–4(f)(6) thereunder.16 Because the
                                               proposed rule change does not: (i)                          Interested persons are invited to                     For the Commission, by the Division of
                                               Significantly affect the protection of                    submit written data, views, and                       Trading and Markets, pursuant to delegated
                                               investors or the public interest; (ii)                                                                          authority.23
                                                                                                         arguments concerning the foregoing,
                                               impose any significant burden on                          including whether the proposed rule                   Eduardo A. Aleman,
                                               competition; and (iii) become operative                   change is consistent with the Act.                    Assistant Secretary.
                                               prior to 30 days from the date on which                   Comments may be submitted by any of                   [FR Doc. 2018–20191 Filed 9–14–18; 8:45 am]
                                               it was filed, or such shorter time as the                 the following methods:                                BILLING CODE 8011–01–P
                                               Commission may designate, if
                                               consistent with the protection of                         Electronic Comments
                                               investors and the public interest, the                      • Use the Commission’s internet                     SMALL BUSINESS ADMINISTRATION
                                               proposed rule change has become                           comment form (http://www.sec.gov/
                                               effective pursuant to Section 19(b)(3)(A)                 rules/sro.shtml); or                                  Reporting and Recordkeeping
                                               of the Act and Rule 19b–4(f)(6)(iii)                        • Send an email to rule-comments@                   Requirements Under OMB Review
                                               thereunder.17                                             sec.gov. Please include File Number SR–
                                                  A proposed rule change filed under                     PEARL–2018–18 on the subject line.                    AGENCY:      Small Business Administration.
                                               Rule 19b–4(f)(6) 18 normally does not                                                                           ACTION:     30-Day notice.
                                                                                                         Paper Comments
                                               become operative prior to 30 days after
                                               the date of the filing. However, pursuant                   • Send paper comments in triplicate                 SUMMARY:   The Small Business
                                                                                                         to Secretary, Securities and Exchange                 Administration (SBA) is publishing this
                                               to Rule 19b4(f)(6)(iii),19 the Commission
                                                                                                         Commission, 100 F Street NE,                          notice to comply with requirements of
                                               may designate a shorter time if such                                                                            the Paperwork Reduction Act (PRA),
                                               action is consistent with the protection                  Washington, DC 20549–1090.
                                                                                                         All submissions should refer to File                  which requires agencies to submit
                                               of investors and the public interest. The                                                                       proposed reporting and recordkeeping
                                               Exchange has asked the Commission to                      Number SR–PEARL–2018–18. This file
                                                                                                         number should be included on the                      requirements to OMB for review and
                                               waive the 30-day operative delay so that                                                                        approval, and to publish a notice in the
                                               the proposal may become operative                         subject line if email is used. To help the
                                                                                                         Commission process and review your                    Federal Register notifying the public of
                                               immediately upon filing. The                                                                                    that submission.
                                               Commission notes that the Exchange’s                      comments more efficiently, please use
                                                                                                         only one method. The Commission will                  DATES: Submit comments on or before
                                               proposal would conform the Exchange’s
                                               rules to the amended OLPP, which the                      post all comments on the Commission’s                 October 17, 2018.
                                               Commission previously approved.20                         internet website (http://www.sec.gov/                 ADDRESSES: Comments should refer to
                                               Accordingly, the Commission believes                      rules/sro.shtml). Copies of the                       the information collection by name and/
                                               that the proposal raises no new or novel                  submission, all subsequent                            or OMB Control Number and should be
                                               regulatory issues and waiver of the 30-                   amendments, all written statements                    sent to: Agency Clearance Officer, Curtis
                                               day operative delay is consistent with                    with respect to the proposed rule                     Rich, Small Business Administration,
                                               the protection of investors and the                       change that are filed with the                        409 3rd Street SW, 5th Floor,
                                               public interest. The Commission                           Commission, and all written                           Washington, DC 20416; and SBA Desk
                                                                                                         communications relating to the                        Officer, Office of Information and
                                                 15 15  U.S.C. 78s(b)(3)(A)(iii).                        proposed rule change between the                      Regulatory Affairs, Office of
                                                 16 17  CFR 240.19b–4(f)(6).                             Commission and any person, other than                 Management and Budget, New
                                                  17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                         those that may be withheld from the                   Executive Office Building, Washington,
                                               4(f)(6)(iii) requires a self-regulatory organization to   public in accordance with the                         DC 20503.
                                               give the Commission written notice of its intent to
                                               file the proposed rule change, along with a brief         provisions of 5 U.S.C. 552, will be                   FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES




                                               description and text of the proposed rule change,         available for website viewing and                     Curtis Rich, Agency Clearance Officer,
                                               at least five business days prior to the date of filing                                                         (202) 205–7030 curtis.rich@sba.gov.
                                               of the proposed rule change, or such shorter time            21 For purposes only of waiving the 30-day
                                               as designated by the Commission. The Exchange
                                                                                                                                                                  Copies: A copy of the Form OMB 83–
                                                                                                         operative delay, the Commission has also
                                               has satisfied this requirement.                           considered the proposed rule’s impact on
                                                                                                                                                               1, supporting statement, and other
                                                  18 17 CFR 240.19b–4(f)(6).
                                                                                                         efficiency, competition, and capital formation. See   documents submitted to OMB for
                                                  19 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).
                                                  20 See OLPP Notice, supra note 3.                         22 15 U.S.C. 78s(b)(2)(B).                           23 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014    17:47 Sep 14, 2018   Jkt 244001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\17SEN1.SGM     17SEN1



Document Created: 2018-09-15 01:37:16
Document Modified: 2018-09-15 01:37:16
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 46985 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR