83_FR_5496 83 FR 5470 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving a Proposed Rule Change To Establish a Nonstandard Expirations Pilot Program

83 FR 5470 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving a Proposed Rule Change To Establish a Nonstandard Expirations Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 26 (February 7, 2018)

Page Range5470-5473
FR Document2018-02394

Federal Register, Volume 83 Issue 26 (Wednesday, February 7, 2018)
[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Notices]
[Pages 5470-5473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02394]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82612; File No. SR-ISE-2017-111]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving a 
Proposed Rule Change To Establish a Nonstandard Expirations Pilot 
Program

February 1, 2018.

I. Introduction

    On December 21, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'' or 
``SEC''), pursuant to Section 19(b)(1) of the

[[Page 5471]]

Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to establish a Nonstandard 
Expirations Pilot Program. The proposed rule change was published for 
comment in the Federal Register on January 12, 2018.\3\ The Commission 
received no comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82458 (Jan. 8, 
2018), 83 FR 1636.
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    This order approves the proposal for a pilot period of twelve 
months.

II. Description of the Proposal

    The Exchange proposes to permit the listing and trading, on a pilot 
basis, of p.m.-settled options on broad-based indexes with nonstandard 
expiration dates for a period of twelve months (the ``Nonstandard 
Expirations Pilot Program'' or ``Pilot Program'') from the date of 
approval of this proposed rule change. The Pilot Program would permit 
both weekly expirations (``Weekly Expirations'') and end of month 
(``EOM'') expirations similar to those of the a.m.-settled broad-based 
index options, except that the exercise settlement value will be based 
on the index value derived from the closing prices of component stocks. 
The proposal is substantially similar to Chicago Board Options Exchange 
(``CBOE'') Rule 24.9(e), Nonstandard Expirations Pilot Program \4\ as 
well as the Nonstandard Expirations Pilot Program of the Exchange's 
affiliate Nasdaq PHLX LLC (``Phlx'') Rule 1101A.\5\
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    \4\ See Securities Exchange Act Release Nos. 78531 (August 10, 
2016), 81 FR 54643 (August 16, 2016) (SR-CBOE-2016-046) (Order 
approving expansion of CBOE's Nonstandard Expirations Pilot Program 
to include Monday Expirations); 76909 (January 14, 2016), 81 FR 3512 
(January 21, 2016) (SR-CBOE-2015-106) (Order approving expansion of 
CBOE's Nonstandard Expirations Pilot Program to include Wednesday 
Expirations); 62911 (September 14, 2010), 75 FR 57539 (September 21, 
2010) (SR-CBOE-2009-075) (Order approving CBOE's Nonstandard 
Expirations Pilot Program).
    \5\ See Securities Exchange Act Release No. 82341 (December 15, 
2017), 82 FR 60651 (December 21, 2017) (Order approving Phlx's 
Nonstandard Expirations Pilot Program).
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A. Weekly Expirations

    The Exchange proposes to add new Supplementary Material .07(a), 
Weekly Expirations, to Rule 2009. Under the proposed new rule the 
Exchange would be permitted to open for trading Weekly Expirations on 
any broad-based index eligible for standard options trading to expire 
on any Monday, Wednesday, or Friday (other than the third Friday-of-
the-month or days that coincide with an EOM expiration). Weekly 
Expirations would be subject to all provisions of ISE Rule 2009 and 
would be treated the same as options on the same underlying index that 
expire on the third Friday of the expiration month. Unlike the standard 
monthly options, however, Weekly Expirations would be p.m.-settled. New 
series in Weekly Expirations could be added up to and including on the 
expiration date for an expiring Weekly Expiration.
    The maximum number of expirations that could be listed for each 
Weekly Expiration (i.e., a Monday expiration, Wednesday expiration, or 
Friday expiration, as applicable) in a given class would be the same as 
the maximum number of expirations permitted for standard options on the 
same broad-based index. Weekly Expirations would not need to be for 
consecutive Monday, Wednesday, or Friday expirations as applicable. 
However, the expiration date of a non-consecutive expiration would not 
be permitted beyond what would be considered the last expiration date 
if the maximum number of expirations were listed consecutively.
    Weekly Expirations that are first listed in a given class could 
expire up to four weeks from the actual listing date. If the last 
trading day of a month were a Monday, Wednesday, or Friday and the 
Exchange were to list EOMs and Weekly Expirations as applicable in a 
given class, the Exchange would list an EOM instead of a Weekly 
Expiration in the given class. Other expirations in the same class 
would not be counted as part of the maximum number of Weekly 
Expirations for a broad-based index class. If the Exchange were not 
open for business on a respective Monday, the normally Monday expiring 
Weekly Expirations would expire on the following business day. If the 
Exchange were not open for business on a respective Wednesday or 
Friday, the normally Wednesday or Friday expiring Weekly Expirations 
would expire on the previous business day.

B. EOM Expirations

    Under the proposal, the Exchange could open for trading EOMs on any 
broad-based index eligible for standard options trading to expire on 
the last trading day of the month. EOMs would be subject to all 
provisions of Rule 2009 and treated the same as options on the same 
underlying index that expire on the third Friday of the expiration 
month. However, the EOMs would be p.m.-settled and new series in EOMs 
could be added up to and including on the expiration date for an 
expiring EOM.
    The maximum number of expirations that could be listed for EOMs in 
a given class would be the same as the maximum number of expirations 
permitted for standard options on the same broad-based index. EOM 
expirations would not need to be for consecutive end of month 
expirations. However, the expiration date of a non-consecutive 
expiration may not be beyond what would be considered the last 
expiration date if the maximum number of expirations were listed 
consecutively. EOMs that are first listed in a given class could expire 
up to four weeks from the actual listing date. Other expirations would 
not be counted as part of the maximum numbers of EOM expirations for a 
broad-based index class.

C. Contract Terms and Trading Rules

    The Exchange proposes that Weekly Expirations and EOMs would be 
subject to the same rules that currently govern the trading of standard 
monthly broad-based index options, including sales practice rules, 
margin requirements, and floor trading procedures. Contract terms for 
Weekly Expirations and EOMs would be the same as those for standard 
monthly broad-based index options, except that the exercise settlement 
value will be based on the index value derived from the closing prices 
of component stocks. Since Weekly Expirations and EOMs will be a new 
type of series, and not a new class, the Exchange proposes that Weekly 
Expirations and EOMs shall be aggregated for any applicable reporting 
and other requirements.\6\ Pursuant to proposed Supplementary Material 
.07(d) of Rule 2009, transactions in Weekly Expirations and EOMs could 
be effected on the Exchange between the hours of 9:30 a.m. (Eastern 
Time) and 4:15 p.m. (Eastern Time).
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    \6\ See Rule 2006(a)(13) which sets forth the reporting 
requirements for certain market indexes that do not have position 
limits, including NDX. The Exchange is adding Nonstandard 
Expirations to Rule 2004(d) to reflect the aggregation requirement. 
The Exchange notes that the proposed aggregation is consistent with 
the aggregation requirements for other types of option series (e.g. 
quarterly expiring options) that are listed on the Exchange and 
which do not expire on the customary ``third Friday''.
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    The Exchange represents that it has analyzed its capacity and 
believes that it and the Options Price Reporting Authority have the 
necessary systems capacity to handle any additional traffic associated 
with the listing of the maximum number nonstandard expirations 
permitted under the Pilot Program.

D. Pilot Program Annual Report

    As part of the Pilot Program, the Exchange proposes to submit a 
Pilot Program report to the Commission at

[[Page 5472]]

least two months prior to the expiration date of the Pilot Program (the 
``annual report''). The annual report will contain an analysis of 
volume, open interest and trading patterns. In addition, for series 
that exceed certain minimum open interest parameters, the annual report 
will provide analysis of index price volatility and, if needed, share 
trading activity. The annual report will be provided to the Commission 
on a confidential basis.
Analysis of Volume and Open Interest
    For all Weekly Expirations and EOM series, the annual report will 
contain the following volume and open interest data for each broad-
based index overlying Weekly Expiration and EOM options:
    (1) Monthly volume aggregated for all Weekly Expiration and EOM 
series,
    (2) Volume in Weekly Expiration and EOM series aggregated by 
expiration date,
    (3) Month-end open interest aggregated for all Weekly Expiration 
and EOM series,
    (4) Month-end open interest for EOM series aggregated by expiration 
date and open interest for Weekly Expiration series aggregated by 
expiration date,
    (5) Ratio of monthly aggregate volume in Weekly Expiration and EOM 
series to total monthly class volume, and
    (6) Ratio of month-end open interest in EOM series to total month-
end class open interest and ratio of open interest in each Weekly 
Expiration series to total class open interest.
    In addition, the annual report will contain the information noted 
above for standard Expiration Friday, a.m.-settled series, if 
applicable, for the period covered in the annual report as well as for 
the six-month period prior to the initiation of the Pilot Program.
    Upon request by the SEC, the Exchange will provide a data file 
containing: (1) Weekly Expiration and EOM option volume data aggregated 
by series, and (2) Weekly Expiration open interest for each expiring 
series and EOM month-end open interest for expiring series.
Monthly Analysis of Weekly Expiration and EOM Trading Patterns
    In the annual report, the Exchange also proposes to identify Weekly 
Expiration and EOM trading patterns by undertaking a time series 
analysis of open interest in Weekly Expiration and EOM series 
aggregated by expiration date compared to open interest in near-term 
standard Expiration Friday a.m.-settled series in order to determine 
whether users are shifting positions from standard series to Weekly 
Expiration and EOM series. In addition, to the extent that data on 
other weekly or monthly p.m. settled products from other exchanges is 
publicly available, the annual report will also compare open interest 
with these options in order to determine whether users are shifting 
positions from other weekly or monthly p.m.-settled products to the 
Weekly Expiration and EOM series. Declining open interest in standard 
series or the weekly or monthly p.m.-settled products of other 
exchanges accompanied by rising open interest in Weekly Expiration and 
EOM series would suggest that users are shifting positions.
Provisional Analysis of Index Price Volatility and Share Trading 
Activity
    For each Weekly Expiration and EOM expiration that has open 
interest that exceeds certain minimum thresholds, the annual report 
will contain the following analysis related to index price changes and, 
if needed, underlying share trading volume at the close on expiration 
dates:
    (1) A comparison of index price changes at the close of trading on 
a given expiration date with comparable price changes from a control 
sample. The data will include a calculation of percentage price changes 
for various time intervals and compare that information to the 
respective control sample. Raw percentage price change data as well as 
percentage price change data normalized for prevailing market 
volatility, as measured by an appropriate index agreed by the 
Commission and the Exchange, will be provided; and
    (2) if needed, a calculation of share volume for a sample set of 
the component securities representing an upper limit on share trading 
that could be attributable to expiring in-the-money Weekly Expiration 
and EOM expirations. The data, if needed, will include a comparison of 
the calculated share volume for securities in the sample set to the 
average daily trading volumes of those securities over a sample period.
    The minimum open interest parameters, control sample, time 
intervals, method for selecting the component securities, and sample 
periods will be determined by the Exchange and the Commission.

III. Discussion and Commission's Findings

    After careful review of the proposed rule change, the Commission 
finds that the proposal is consistent with the requirements of the Act 
and the rules and regulations thereunder that are applicable to a 
national securities exchange.\7\ Specifically, the Commission finds 
that the proposed rule change is consistent with Section 6(b)(5) of the 
Act,\8\ which requires, among other things, that the rules of a 
national securities exchange be 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 regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and to protect 
investors and the public interest.
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    \7\ In approving this rule change, the Commission has considered 
the rule's impact on efficiency, competition, and capital formation. 
See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
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    While the Commission has had concerns about the adverse effects and 
impact of p.m.-settlement upon market volatility and the operation of 
fair and orderly markets on the underlying cash market at or near the 
close of trading, it has approved on a limited basis p.m.-settlement 
for cash-settled options.\9\ More specifically, the Commission approved 
on a pilot basis CBOE's nearly identical and Phlx's identical 
Nonstandard Expirations Pilot Programs.\10\
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    \9\ See, e.g., Securities Exchange Act Release Nos. 31800 
(February 1, 1993), 58 FR 7274 (February 5, 1993) (SR-CBOE-92-13) 
(Order approving CBOE's listing of p.m.-settled, cash-settled 
options on certain broad-based indexes); 61439 (January 28, 2010), 
75 FR 5831 (February 4, 2010) (SR-CBOE-2009-087) (Order approving 
CBOE's listing of p.m.-settled FLEX options on a pilot basis); 70087 
(July 31, 2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) 
(Order approving the addition of p.m.-settled mini-SPX index options 
to the SPXPM Pilot for p.m.-settled SPX index options); 81293 
(August 2, 2017), 82 FR 37138 (August 8, 2017) (SR-Phlx-2017-04) 
(Order approving Phlx to list and trade of p.m.-settled NASDAQ-100 
Index(R) Options on a Pilot Basis).
    \10\ See supra notes 4-5.
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    Like Phlx, the Exchange patterns its proposal after CBOE's and 
includes the same additional data element that Phlx includes in the 
annual report: An analysis of publicly available data concerning 
trading patterns with respect to other p.m.-settled products from other 
exchanges. In all other aspects, the Exchange's proposed and Phlx's and 
CBOE's existing Nonstandard Expirations Pilot Programs are identical.
    The Commission believes that the Exchange's proposal strikes a 
reasonable balance between the Exchange's desire to offer a wider array 
of investment opportunities and the need to avoid unnecessary 
proliferation of options series that may burden certain liquidity 
providers and further stress options

[[Page 5473]]

quotation and transaction infrastructure. The Exchange's proposed 
twelve-month Pilot Program will allow for both the Exchange and the 
Commission to continue monitoring the potential for adverse market 
effects of p.m.-settlement on the market, including the underlying cash 
equities markets, at the expiration of these options.
    The Commission notes that the Exchange will provide the Commission 
with the annual report analyzing volume and open interest of EOMs and 
Weekly Expirations that will also contain information and analysis of 
EOMs and Weekly Expirations trading patterns and index price volatility 
and share trading activity for series that exceed minimum parameters. 
This information should be useful to the Commission as it evaluates 
whether allowing p.m.-settlement for EOMs and Weekly Expirations has 
resulted in increased market and price volatility in the underlying 
component stocks, particularly at expiration. The Pilot Program 
information should help the Commission and the Exchange assess the 
impact on the markets and determine whether changes to these programs 
are necessary or appropriate. Furthermore, the Exchange's ongoing 
analysis of the Pilot Program should help it monitor any potential 
risks from large p.m.-settled positions and take appropriate action, if 
warranted.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\11\ that the proposed rule change (SR-ISE-2017-111) be approved 
for a pilot period of twelve months.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02394 Filed 2-6-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                5470                         Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices

                                                have to expire no later than the end of                      A proposed rule change filed under                 file number should be included on the
                                                the trading day on which it was entered.                  Rule 19b–4(f)(6) 12 normally does not                 subject line if email is used. To help the
                                                As such, the proposed rule change                         become operative prior to 30 days after               Commission process and review your
                                                would foster cooperation and                              the date of the filing. However, Rule                 comments more efficiently, please use
                                                coordination with persons engaged in                      19b–4(f)(6)(iii) 13 permits the                       only one method. The Commission will
                                                facilitating transactions in securities and               Commission to designate a shorter time                post all comments on the Commission’s
                                                would remove impediments to and                           if such action is consistent with the                 internet website (http://www.sec.gov/
                                                perfect the mechanism of a free and                       protection of investors and the public                rules/sro.shtml). Copies of the
                                                open market and a national market                         interest. The Exchange has asked the                  submission, all subsequent
                                                system.                                                   Commission to waive the 30-day                        amendments, all written statements
                                                                                                          operative delay so that the Exchange                  with respect to the proposed rule
                                                (B) Self-Regulatory Organization’s
                                                                                                          may, as soon as possible, implement the               change that are filed with the
                                                Statement on Burden on Competition
                                                                                                          proposed rule change. The Exchange                    Commission, and all written
                                                   The Exchange does not believe that                     notes that the proposal will promote                  communications relating to the
                                                the proposed rule change will impose                      consistency between the Exchange and                  proposed rule change between the
                                                any burden on competition that is not                     its affiliated exchange, EDGX Options.                Commission and any person, other than
                                                necessary or appropriate in furtherance                   The Commission believes that waiver of                those that may be withheld from the
                                                of the purposes of the Act. The                           the 30-day operative delay is consistent              public in accordance with the
                                                Exchange notes that the proposal will                     with the protection of investors and the              provisions of 5 U.S.C. 552, will be
                                                promote consistency between the                           public interest. Accordingly, the                     available for website viewing and
                                                Exchange and its affiliated exchange,                     Commission hereby waives the                          printing in the Commission’s Public
                                                EDGX Options, by offering the GTC                         operative delay and designates the                    Reference Room, 100 F Street NE,
                                                Time in Force. The proposed change to                     proposed rule change as operative upon                Washington, DC 20549, on official
                                                GTD is a minor update to an existing                      filing.14                                             business days between the hours of
                                                Time in Force, given the update to the                       At any time within 60 days of the                  10:00 a.m. and 3:00 p.m. Copies of the
                                                Exchange’s technology that will allow                     filing of the proposed rule change, the               filing also will be available for
                                                orders to persist for more than one                       Commission summarily may                              inspection and copying at the principal
                                                trading day. The Exchange does not                        temporarily suspend such rule change if               office of the Exchange. All comments
                                                believe that the proposed changes will                    it appears to the Commission that such                received will be posted without change.
                                                have any direct impact on competition.                    action is: (i) Necessary or appropriate in            Persons submitting comments are
                                                Thus, the Exchange does not believe                       the public interest; (ii) for the protection          cautioned that we do not redact or edit
                                                that the proposal creates any significant                 of investors; or (iii) otherwise in                   personal identifying information from
                                                impact on competition.                                    furtherance of the purposes of the Act.               comment submissions. You should
                                                (C) Self-Regulatory Organization’s                        If the Commission takes such action, the              submit only information that you wish
                                                Statement on Comments on the                              Commission shall institute proceedings                to make available publicly. All
                                                Proposed Rule Change Received From                        to determine whether the proposed rule                submissions should refer to File
                                                Members, Participants or Others                           should be approved or disapproved.                    Number SR–CboeBZX–2018–006 and
                                                                                                                                                                should be submitted on or before
                                                  The Exchange has not solicited, and                     IV. Solicitation of Comments                          February 28, 2018.
                                                does not intend to solicit, comments on                     Interested persons are invited to
                                                this proposed rule change. The                                                                                    For the Commission, by the Division of
                                                                                                          submit written data, views, and                       Trading and Markets, pursuant to delegated
                                                Exchange has not received any written                     arguments concerning the foregoing,                   authority.15
                                                comments from members or other                            including whether the proposed rule                   Eduardo A. Aleman,
                                                interested parties.                                       change is consistent with the Act.                    Assistant Secretary.
                                                III. Date of Effectiveness of the                         Comments may be submitted by any of                   [FR Doc. 2018–02396 Filed 2–6–18; 8:45 am]
                                                Proposed Rule Change and Timing for                       the following methods:                                BILLING CODE 8011–01–P
                                                Commission Action                                         Electronic Comments
                                                   Because the foregoing proposed rule                      • Use the Commission’s internet
                                                change does not: (i) Significantly affect                                                                       SECURITIES AND EXCHANGE
                                                                                                          comment form (http://www.sec.gov/                     COMMISSION
                                                the protection of investors or the public                 rules/sro.shtml); or
                                                interest; (ii) impose any significant                       • Send an email to rule-comments@                   [Release No. 34–82612; File No. SR–ISE–
                                                burden on competition; and (iii) become                   sec.gov. Please include File Number SR–               2017–111]
                                                operative for 30 days from the date on                    CboeBZX–2018–006 on the subject line.
                                                which it was filed, or such shorter time                                                                        Self-Regulatory Organizations; Nasdaq
                                                as the Commission may designate, it has                   Paper Comments                                        ISE, LLC; Order Approving a Proposed
                                                become effective pursuant to Section                        • Send paper comments in triplicate                 Rule Change To Establish a
                                                19(b)(3)(A)(iii) of the Act 10 and                        to Secretary, Securities and Exchange                 Nonstandard Expirations Pilot
                                                subparagraph (f)(6) of Rule 19b–4                         Commission, 100 F Street NE,                          Program
                                                thereunder.11                                             Washington, DC 20549–1090.                            February 1, 2018.
                                                                                                          All submissions should refer to File
                                                  10 15  U.S.C. 78s(b)(3)(A)(iii).                                                                              I. Introduction
sradovich on DSK3GMQ082PROD with NOTICES




                                                  11 17
                                                                                                          Number SR–CboeBZX–2018–006. This
                                                         CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                4(f)(6)(iii) requires the Exchange to give the                                                                     On December 21, 2017, Nasdaq ISE,
                                                Commission written notice of the Exchange’s intent
                                                                                                            12 17  CFR 240.19b–4(f)(6).                         LLC (‘‘ISE’’ or ‘‘Exchange’’) filed with
                                                                                                            13 17  CFR 240.19b–4(f)(6)(iii).
                                                to file the proposed rule change, along with a brief                                                            the Securities and Exchange
                                                description and text of the proposed rule change,            14 For purposes only of waiving the 30-day
                                                                                                                                                                Commission (‘‘Commission’’ or ‘‘SEC’’),
                                                at least five business days prior to the date of filing   operative delay, the Commission has also
                                                of the proposed rule change, or such shorter time         considered the proposed rule’s impact on              pursuant to Section 19(b)(1) of the
                                                as designated by the Commission. The Exchange             efficiency, competition, and capital formation. See
                                                has satisfied this requirement.                           15 U.S.C. 78c(f).                                       15 17   CFR 200.30–3(a)(12).



                                           VerDate Sep<11>2014    18:17 Feb 06, 2018   Jkt 244001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\07FEN1.SGM     07FEN1


                                                                           Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices                                                      5471

                                                Securities Exchange Act of 1934                         would be subject to all provisions of ISE             class would be the same as the
                                                (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a               Rule 2009 and would be treated the                    maximum number of expirations
                                                proposed rule change to establish a                     same as options on the same underlying                permitted for standard options on the
                                                Nonstandard Expirations Pilot Program.                  index that expire on the third Friday of              same broad-based index. EOM
                                                The proposed rule change was                            the expiration month. Unlike the                      expirations would not need to be for
                                                published for comment in the Federal                    standard monthly options, however,                    consecutive end of month expirations.
                                                Register on January 12, 2018.3 The                      Weekly Expirations would be p.m.-                     However, the expiration date of a non-
                                                Commission received no comments on                      settled. New series in Weekly                         consecutive expiration may not be
                                                the proposed rule change.                               Expirations could be added up to and                  beyond what would be considered the
                                                   This order approves the proposal for                 including on the expiration date for an               last expiration date if the maximum
                                                a pilot period of twelve months.                        expiring Weekly Expiration.                           number of expirations were listed
                                                                                                           The maximum number of expirations                  consecutively. EOMs that are first listed
                                                II. Description of the Proposal                         that could be listed for each Weekly                  in a given class could expire up to four
                                                   The Exchange proposes to permit the                  Expiration (i.e., a Monday expiration,                weeks from the actual listing date. Other
                                                listing and trading, on a pilot basis, of               Wednesday expiration, or Friday                       expirations would not be counted as
                                                p.m.-settled options on broad-based                     expiration, as applicable) in a given                 part of the maximum numbers of EOM
                                                indexes with nonstandard expiration                     class would be the same as the                        expirations for a broad-based index
                                                dates for a period of twelve months (the                maximum number of expirations                         class.
                                                ‘‘Nonstandard Expirations Pilot                         permitted for standard options on the
                                                                                                        same broad-based index. Weekly                        C. Contract Terms and Trading Rules
                                                Program’’ or ‘‘Pilot Program’’) from the
                                                date of approval of this proposed rule                  Expirations would not need to be for                     The Exchange proposes that Weekly
                                                change. The Pilot Program would permit                  consecutive Monday, Wednesday, or                     Expirations and EOMs would be subject
                                                both weekly expirations (‘‘Weekly                       Friday expirations as applicable.                     to the same rules that currently govern
                                                Expirations’’) and end of month                         However, the expiration date of a non-                the trading of standard monthly broad-
                                                (‘‘EOM’’) expirations similar to those of               consecutive expiration would not be                   based index options, including sales
                                                the a.m.-settled broad-based index                      permitted beyond what would be                        practice rules, margin requirements, and
                                                options, except that the exercise                       considered the last expiration date if the            floor trading procedures. Contract terms
                                                settlement value will be based on the                   maximum number of expirations were                    for Weekly Expirations and EOMs
                                                index value derived from the closing                    listed consecutively.                                 would be the same as those for standard
                                                prices of component stocks. The                            Weekly Expirations that are first listed           monthly broad-based index options,
                                                proposal is substantially similar to                    in a given class could expire up to four              except that the exercise settlement value
                                                Chicago Board Options Exchange                          weeks from the actual listing date. If the            will be based on the index value derived
                                                (‘‘CBOE’’) Rule 24.9(e), Nonstandard                    last trading day of a month were a                    from the closing prices of component
                                                Expirations Pilot Program 4 as well as                  Monday, Wednesday, or Friday and the                  stocks. Since Weekly Expirations and
                                                the Nonstandard Expirations Pilot                       Exchange were to list EOMs and Weekly                 EOMs will be a new type of series, and
                                                Program of the Exchange’s affiliate                     Expirations as applicable in a given                  not a new class, the Exchange proposes
                                                Nasdaq PHLX LLC (‘‘Phlx’’) Rule                         class, the Exchange would list an EOM                 that Weekly Expirations and EOMs shall
                                                1101A.5                                                 instead of a Weekly Expiration in the                 be aggregated for any applicable
                                                                                                        given class. Other expirations in the                 reporting and other requirements.6
                                                A. Weekly Expirations                                   same class would not be counted as part               Pursuant to proposed Supplementary
                                                   The Exchange proposes to add new                     of the maximum number of Weekly                       Material .07(d) of Rule 2009,
                                                Supplementary Material .07(a), Weekly                   Expirations for a broad-based index                   transactions in Weekly Expirations and
                                                Expirations, to Rule 2009. Under the                    class. If the Exchange were not open for              EOMs could be effected on the
                                                proposed new rule the Exchange would                    business on a respective Monday, the                  Exchange between the hours of 9:30
                                                be permitted to open for trading Weekly                 normally Monday expiring Weekly                       a.m. (Eastern Time) and 4:15 p.m.
                                                Expirations on any broad-based index                    Expirations would expire on the                       (Eastern Time).
                                                eligible for standard options trading to                following business day. If the Exchange                  The Exchange represents that it has
                                                expire on any Monday, Wednesday, or                     were not open for business on a                       analyzed its capacity and believes that
                                                Friday (other than the third Friday-of-                 respective Wednesday or Friday, the                   it and the Options Price Reporting
                                                the-month or days that coincide with an                 normally Wednesday or Friday expiring                 Authority have the necessary systems
                                                EOM expiration). Weekly Expirations                     Weekly Expirations would expire on the                capacity to handle any additional traffic
                                                                                                        previous business day.                                associated with the listing of the
                                                  1 15  U.S.C. 78s(b)(1).                                                                                     maximum number nonstandard
                                                  2 17
                                                                                                        B. EOM Expirations                                    expirations permitted under the Pilot
                                                        CFR 240.19b–4.
                                                   3 See Securities Exchange Act Release No. 82458         Under the proposal, the Exchange                   Program.
                                                (Jan. 8, 2018), 83 FR 1636.                             could open for trading EOMs on any
                                                   4 See Securities Exchange Act Release Nos. 78531                                                           D. Pilot Program Annual Report
                                                                                                        broad-based index eligible for standard
                                                (August 10, 2016), 81 FR 54643 (August 16, 2016)                                                                As part of the Pilot Program, the
                                                (SR–CBOE–2016–046) (Order approving expansion
                                                                                                        options trading to expire on the last
                                                of CBOE’s Nonstandard Expirations Pilot Program         trading day of the month. EOMs would                  Exchange proposes to submit a Pilot
                                                to include Monday Expirations); 76909 (January 14,      be subject to all provisions of Rule 2009             Program report to the Commission at
                                                2016), 81 FR 3512 (January 21, 2016) (SR–CBOE–          and treated the same as options on the
                                                2015–106) (Order approving expansion of CBOE’s                                                                   6 See Rule 2006(a)(13) which sets forth the
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                                                Nonstandard Expirations Pilot Program to include
                                                                                                        same underlying index that expire on
                                                                                                                                                              reporting requirements for certain market indexes
                                                Wednesday Expirations); 62911 (September 14,            the third Friday of the expiration                    that do not have position limits, including NDX.
                                                2010), 75 FR 57539 (September 21, 2010) (SR–            month. However, the EOMs would be                     The Exchange is adding Nonstandard Expirations to
                                                CBOE–2009–075) (Order approving CBOE’s                  p.m.-settled and new series in EOMs                   Rule 2004(d) to reflect the aggregation requirement.
                                                Nonstandard Expirations Pilot Program).                                                                       The Exchange notes that the proposed aggregation
                                                   5 See Securities Exchange Act Release No. 82341
                                                                                                        could be added up to and including on
                                                                                                                                                              is consistent with the aggregation requirements for
                                                (December 15, 2017), 82 FR 60651 (December 21,          the expiration date for an expiring EOM.              other types of option series (e.g. quarterly expiring
                                                2017) (Order approving Phlx’s Nonstandard                  The maximum number of expirations                  options) that are listed on the Exchange and which
                                                Expirations Pilot Program).                             that could be listed for EOMs in a given              do not expire on the customary ‘‘third Friday’’.



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                                                5472                       Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices

                                                least two months prior to the expiration                to the extent that data on other weekly               exchange.7 Specifically, the
                                                date of the Pilot Program (the ‘‘annual                 or monthly p.m. settled products from                 Commission finds that the proposed
                                                report’’). The annual report will contain               other exchanges is publicly available,                rule change is consistent with Section
                                                an analysis of volume, open interest and                the annual report will also compare                   6(b)(5) of the Act,8 which requires,
                                                trading patterns. In addition, for series               open interest with these options in                   among other things, that the rules of a
                                                that exceed certain minimum open                        order to determine whether users are                  national securities exchange be
                                                interest parameters, the annual report                  shifting positions from other weekly or               designed to prevent fraudulent and
                                                will provide analysis of index price                    monthly p.m.-settled products to the                  manipulative acts and practices, to
                                                volatility and, if needed, share trading                Weekly Expiration and EOM series.                     promote just and equitable principles of
                                                activity. The annual report will be                     Declining open interest in standard                   trade, to foster cooperation and
                                                provided to the Commission on a                         series or the weekly or monthly p.m.-                 coordination with persons engaged in
                                                confidential basis.                                     settled products of other exchanges                   regulating, clearing, settling, processing
                                                                                                        accompanied by rising open interest in                information with respect to, and
                                                Analysis of Volume and Open Interest                    Weekly Expiration and EOM series                      facilitating transactions in securities, to
                                                  For all Weekly Expirations and EOM                    would suggest that users are shifting                 remove impediments to and perfect the
                                                series, the annual report will contain the              positions.                                            mechanism of a free and open market
                                                following volume and open interest data                                                                       and a national market system, and to
                                                                                                        Provisional Analysis of Index Price
                                                for each broad-based index overlying                                                                          protect investors and the public interest.
                                                                                                        Volatility and Share Trading Activity                    While the Commission has had
                                                Weekly Expiration and EOM options:
                                                  (1) Monthly volume aggregated for all                   For each Weekly Expiration and EOM                  concerns about the adverse effects and
                                                Weekly Expiration and EOM series,                       expiration that has open interest that                impact of p.m.-settlement upon market
                                                  (2) Volume in Weekly Expiration and                   exceeds certain minimum thresholds,                   volatility and the operation of fair and
                                                EOM series aggregated by expiration                     the annual report will contain the                    orderly markets on the underlying cash
                                                date,                                                   following analysis related to index price             market at or near the close of trading, it
                                                  (3) Month-end open interest                           changes and, if needed, underlying                    has approved on a limited basis p.m.-
                                                aggregated for all Weekly Expiration and                share trading volume at the close on                  settlement for cash-settled options.9
                                                EOM series,                                             expiration dates:                                     More specifically, the Commission
                                                  (4) Month-end open interest for EOM                     (1) A comparison of index price                     approved on a pilot basis CBOE’s nearly
                                                series aggregated by expiration date and                changes at the close of trading on a                  identical and Phlx’s identical
                                                open interest for Weekly Expiration                     given expiration date with comparable                 Nonstandard Expirations Pilot
                                                series aggregated by expiration date,                   price changes from a control sample.                  Programs.10
                                                  (5) Ratio of monthly aggregate volume                 The data will include a calculation of                   Like Phlx, the Exchange patterns its
                                                in Weekly Expiration and EOM series to                  percentage price changes for various                  proposal after CBOE’s and includes the
                                                total monthly class volume, and                         time intervals and compare that                       same additional data element that Phlx
                                                  (6) Ratio of month-end open interest                  information to the respective control                 includes in the annual report: An
                                                in EOM series to total month-end class                  sample. Raw percentage price change                   analysis of publicly available data
                                                open interest and ratio of open interest                data as well as percentage price change               concerning trading patterns with respect
                                                in each Weekly Expiration series to total               data normalized for prevailing market                 to other p.m.-settled products from
                                                class open interest.                                    volatility, as measured by an                         other exchanges. In all other aspects, the
                                                  In addition, the annual report will                   appropriate index agreed by the                       Exchange’s proposed and Phlx’s and
                                                contain the information noted above for                 Commission and the Exchange, will be                  CBOE’s existing Nonstandard
                                                standard Expiration Friday, a.m.-settled                provided; and                                         Expirations Pilot Programs are identical.
                                                series, if applicable, for the period                     (2) if needed, a calculation of share                  The Commission believes that the
                                                covered in the annual report as well as                 volume for a sample set of the                        Exchange’s proposal strikes a reasonable
                                                for the six-month period prior to the                   component securities representing an                  balance between the Exchange’s desire
                                                initiation of the Pilot Program.                        upper limit on share trading that could               to offer a wider array of investment
                                                  Upon request by the SEC, the                          be attributable to expiring in-the-money              opportunities and the need to avoid
                                                Exchange will provide a data file                       Weekly Expiration and EOM                             unnecessary proliferation of options
                                                containing: (1) Weekly Expiration and                   expirations. The data, if needed, will                series that may burden certain liquidity
                                                EOM option volume data aggregated by                    include a comparison of the calculated                providers and further stress options
                                                series, and (2) Weekly Expiration open                  share volume for securities in the
                                                interest for each expiring series and                   sample set to the average daily trading                  7 In approving this rule change, the Commission

                                                EOM month-end open interest for                                                                               has considered the rule’s impact on efficiency,
                                                                                                        volumes of those securities over a                    competition, and capital formation. See 15 U.S.C.
                                                expiring series.                                        sample period.                                        78c(f).
                                                                                                          The minimum open interest                              8 15 U.S.C. 78f(b)(5).
                                                Monthly Analysis of Weekly Expiration
                                                                                                        parameters, control sample, time                         9 See, e.g., Securities Exchange Act Release Nos.
                                                and EOM Trading Patterns                                                                                      31800 (February 1, 1993), 58 FR 7274 (February 5,
                                                                                                        intervals, method for selecting the
                                                   In the annual report, the Exchange                                                                         1993) (SR–CBOE–92–13) (Order approving CBOE’s
                                                                                                        component securities, and sample                      listing of p.m.-settled, cash-settled options on
                                                also proposes to identify Weekly                        periods will be determined by the                     certain broad-based indexes); 61439 (January 28,
                                                Expiration and EOM trading patterns by                  Exchange and the Commission.                          2010), 75 FR 5831 (February 4, 2010) (SR–CBOE–
                                                undertaking a time series analysis of                                                                         2009–087) (Order approving CBOE’s listing of p.m.-
                                                open interest in Weekly Expiration and                  III. Discussion and Commission’s                      settled FLEX options on a pilot basis); 70087 (July
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                                                                                                        Findings                                              31, 2013), 78 FR 47809 (August 6, 2013) (SR–
                                                EOM series aggregated by expiration                                                                           CBOE–2013–055) (Order approving the addition of
                                                date compared to open interest in near-                    After careful review of the proposed               p.m.-settled mini-SPX index options to the SPXPM
                                                term standard Expiration Friday a.m.-                   rule change, the Commission finds that                Pilot for p.m.-settled SPX index options); 81293
                                                settled series in order to determine                    the proposal is consistent with the                   (August 2, 2017), 82 FR 37138 (August 8, 2017)
                                                                                                                                                              (SR–Phlx–2017–04) (Order approving Phlx to list
                                                whether users are shifting positions                    requirements of the Act and the rules                 and trade of p.m.-settled NASDAQ–100 Index(R)
                                                from standard series to Weekly                          and regulations thereunder that are                   Options on a Pilot Basis).
                                                Expiration and EOM series. In addition,                 applicable to a national securities                      10 See supra notes 4–5.




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                                                                             Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Notices                                                     5473

                                                quotation and transaction infrastructure.                 SECURITIES AND EXCHANGE                               Quarterly Options Series expires
                                                The Exchange’s proposed twelve-month                      COMMISSION                                            (‘‘Monday SPY Expirations’’).6 In the
                                                Pilot Program will allow for both the                                                                           case of a series that is listed on a Friday
                                                                                                          [Release No. 34–82611; File No. SR–Phlx–
                                                Exchange and the Commission to                            2017–103]
                                                                                                                                                                and expires on a Monday, it must be
                                                continue monitoring the potential for                                                                           listed one business week and one
                                                adverse market effects of p.m.-                           Self-Regulatory Organizations; Nasdaq                 business day prior to that Monday
                                                settlement on the market, including the                   PHLX LLC; Order Approving a                           expiration.7 If the Monday SPY
                                                underlying cash equities markets, at the                  Proposed Rule Change To Expand the                    Expirations falls on a Monday that is not
                                                expiration of these options.                              Short Term Option Series Program To                   a business day, the series shall expire on
                                                                                                          Allow Monday Expirations for SPY                      the first business day immediately
                                                   The Commission notes that the                                                                                following that Monday.8 The Exchange
                                                                                                          Options
                                                Exchange will provide the Commission                                                                            also proposes to amend Commentary .11
                                                with the annual report analyzing                          February 1, 2018.                                     to Phlx Rule 1012 state that it may list
                                                volume and open interest of EOMs and                      I. Introduction                                       up to five consecutive Monday SPY
                                                Weekly Expirations that will also                                                                               Expirations at one time, and may have
                                                contain information and analysis of                          On December 6, 2017, the Nasdaq                    no more than a total of five Monday SPY
                                                EOMs and Weekly Expirations trading                       PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed             Expirations (in addition to a maximum
                                                patterns and index price volatility and                   with the Securities and Exchange                      of five Short Term Option Series for
                                                                                                          Commission (‘‘Commission’’), pursuant                 SPY expiring on Friday and five
                                                share trading activity for series that
                                                                                                          to Section 19(b)(1) of the Securities                 Wednesday SPY Expirations). In
                                                exceed minimum parameters. This
                                                                                                          Exchange Act of 1934 (‘‘Act’’) 1 and Rule             addition, like Wednesday SPY
                                                information should be useful to the                       19b–4 thereunder,2 a proposed rule
                                                Commission as it evaluates whether                                                                              Expirations and unlike other option
                                                                                                          change to amend Rule 1000 and                         series in the Short Term Option Series
                                                allowing p.m.-settlement for EOMs and                     Commentary .11 to Rule 1012 to expand
                                                Weekly Expirations has resulted in                                                                              program, Monday SPY Expirations
                                                                                                          the Short Term Option Series Program                  could expire in the same week in which
                                                increased market and price volatility in                  to permit listing and trading of options
                                                the underlying component stocks,                                                                                monthly option series in the same class
                                                                                                          on the SPDR S&P 500 ETF Trust                         expire.9 Otherwise, Monday SPY
                                                particularly at expiration. The Pilot                     (‘‘SPY’’) with Monday expirations. The                Expirations are subject to the same rules
                                                Program information should help the                       proposed rule change was published for
                                                                                                                                                                as standard Short Term Option Series.10
                                                Commission and the Exchange assess                        comment in the Federal Register on
                                                the impact on the markets and                             December 26, 2017.3 The Commission                    III. Discussion and Commission’s
                                                determine whether changes to these                        received no comments on the proposal.                 Findings
                                                programs are necessary or appropriate.                    This order approves the proposed rule                    The Commission has carefully
                                                Furthermore, the Exchange’s ongoing                       change.                                               reviewed the proposed rule change and
                                                analysis of the Pilot Program should                      II. Description of the Proposal                       finds that it is consistent with the
                                                help it monitor any potential risks from                                                                        requirements of the Act and the rules
                                                                                                             Under the terms of the current Short
                                                large p.m.-settled positions and take                                                                           and regulations thereunder applicable to
                                                                                                          Term Option Series Program, after an
                                                appropriate action, if warranted.                                                                               a national securities exchange and, in
                                                                                                          option class has been approved for
                                                                                                                                                                particular, the requirements of Section
                                                IV. Conclusion                                            listing and trading on the Exchange, the
                                                                                                                                                                6(b) of the Act.11 Specifically, the
                                                                                                          Exchange may open for trading on any
                                                  It is therefore ordered, pursuant to                                                                          Commission finds that the proposal is
                                                                                                          Thursday or Friday that is a business
                                                Section 19(b)(2) of the Act,11 that the                                                                         consistent with the requirements of
                                                                                                          day series of options on that class that
                                                proposed rule change (SR–ISE–2017–                                                                              Sections 6(b)(5) of the Act,12 which
                                                                                                          expire on each of the next five Fridays,
                                                                                                                                                                requires, among other things, that a
                                                111) be approved for a pilot period of                    provided that such Friday is not a
                                                                                                                                                                national securities exchange have rules
                                                twelve months.                                            Friday in which monthly options series
                                                                                                                                                                designed to prevent fraudulent and
                                                  For the Commission, by the Division of                  or Quarterly Options Series expire.4 In
                                                                                                                                                                manipulative acts and practices, to
                                                Trading and Markets, pursuant to delegated                addition, the Exchange may open for
                                                                                                                                                                promote just and equitable principles of
                                                authority.12                                              trading on any Tuesday or Wednesday
                                                                                                                                                                trade, to foster cooperation and
                                                                                                          that is a business day series of options
                                                Eduardo A. Aleman,                                                                                              coordination with persons engaged in
                                                                                                          on SPY to expire on up to five
                                                Assistant Secretary.                                      consecutive Wednesdays, provided that                   6 Under the proposal, the Exchange would
                                                [FR Doc. 2018–02394 Filed 2–6–18; 8:45 am]                each such Wednesday is a business day                 expand the definition of ‘‘Short Term Option
                                                BILLING CODE 8011–01–P                                    and is not a Wednesday in which                       Series’’ in Phlx Rule 1044(b)(44) and add a
                                                                                                          Quarterly Options Series expire.5                     description of Monday SPY Expirations to
                                                                                                             The Exchange proposes to expand the                Commentary .11 to Phlx Rule 1012. See Notice,
                                                                                                                                                                supra note 3, at 61048.
                                                                                                          Short Term Option Series to permit Phlx                 7 See proposed Commentary .11 to Phlx Rule
                                                                                                          to open for trading, on any Monday or                 1012.
                                                                                                          Friday that is a business day, series of                8 See proposed Phlx Rule 1000(b)(44).

                                                                                                          options on SPY that expire on any                       9 See proposed Commentary .11 to Phlx Rule

                                                                                                          Monday of the month that is a business                1012.
                                                                                                                                                                  10 For example, Monday SPY Expirations would
                                                                                                          day and is not a Monday in which
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                                                                                                                                                                be subject to the same series limitations and strike
                                                                                                                                                                interval rules as standard Short Term Option Series.
                                                                                                            1 15 U.S.C. 78s(b)(1).                              See Notice, supra note 3, at 61048.
                                                                                                            2 17 CFR 240.19b–4.                                   11 15 U.S.C. 78f. In approving this proposed rule
                                                                                                            3 See Securities Exchange Act Release No. 82363
                                                                                                                                                                change, the Commission has considered the
                                                                                                          (December 19, 2017), 82 FR 61047 (December 26,        proposed rule change’s impact on efficiency,
                                                                                                          2017) (‘‘Notice’’).                                   competition, and capital formation. See 15 U.S.C.
                                                  11 15   U.S.C. 78s(b)(2).                                 4 See Commentary .11 to Phlx Rule 1012.             78c(f).
                                                  12 17   CFR 200.30–3(a)(12).                              5 See id.                                             12 15 U.S.C. 78f(b)(5).




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Document Created: 2018-10-26 13:55:24
Document Modified: 2018-10-26 13:55:24
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 5470 

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