83_FR_56334 83 FR 56116 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XIV, Index Rules, Section 10(g), Pricing When Primary Market Does Not Open

83 FR 56116 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter XIV, Index Rules, Section 10(g), Pricing When Primary Market Does Not Open

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range56116-56118
FR Document2018-24527

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56116-56118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24527]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84540; File No. SR-BX-2018-049]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Chapter 
XIV, Index Rules, Section 10(g), Pricing When Primary Market Does Not 
Open

November 5, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 30, 2018, Nasdaq BX, Inc. (``BX'' or the ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
---------------------------------------------------------------------------

    \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 proposes to amend Chapter XIV, Index Rules, Section 
10(g), Pricing When Primary Market Does Not Open.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

[[Page 56117]]

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 its rules at Chapter XIV, Index 
Rules, Section 10(g) of the Exchange's rulebook regarding determination 
of the price of component securities for purposes of calculating the 
current index value at expiration of Exchange index options on days 
when the primary market for the underlying security does not open.\3\ 
The proposed amendment would apply to both AM-settled and PM-settled 
index options.\4\
---------------------------------------------------------------------------

    \3\ Three of the Exchange's affiliated options exchanges, Nasdaq 
ISE, LLC (``ISE''), The Nasdaq Stock Market LLC (``Nasdaq'') and 
Nasdaq PHLX LLC, will also be proposing rule changes relating to the 
manner of determining an underlying index component security's price 
for purposes of calculating the current index value at expiration of 
an index option under these circumstances. See SR-NASDAQ-2018-081, 
SR-Phlx-2018-63, and SR-ISE-2018-88. The Exchange desires its rules 
to be aligned with those of the affiliated exchanges.
    \4\ Currently, traditional index options expiring on the third 
Friday of the month are A.M.-settled, meaning that the index 
option's settlement value is calculated based upon opening prices of 
the index's component securities on the last day of trading in the 
component securities prior to expiration, normally on Friday 
morning. By contrast, the settlement of P.M.-settled index options 
is based upon the closing index value, defined as the last index 
value reported on a business day, for the day on which the index 
option is exercised. P.M.-settled options expiring on the third 
Friday of the month would therefore normally be settled on the basis 
of Friday's closing prices of component securities.
---------------------------------------------------------------------------

    Currently, Chapter XIV, Section 10(g) provides that when the 
primary market for a security underlying the current index value of an 
index option does not open for trading on a given day, the price of 
that security shall be determined, for purposes of calculating the 
current index value at expiration, based on the opening price of that 
security on the next day that its primary market is open for 
trading.\5\
---------------------------------------------------------------------------

    \5\ The rule provides, however, that this procedure shall not be 
used if the current index value at expiration is fixed in accordance 
with the Rules and By-Laws of the options Clearing Corporation 
(``OCC'').
---------------------------------------------------------------------------

    The Exchange now proposes to delete from the rule the language 
providing for determination of the price of the component security, for 
purposes of calculating the current index value at expiration, based on 
the opening price of that security on the next day that its primary 
market is open for trading. The Exchange proposes to amend Chapter XIV, 
Section 10(g) so that it provides that when the primary market for a 
security underlying the current index value of an index option does not 
open for trading on a given day which is an expiration day, for the 
purposes of calculating the settlement price at expiration, the last 
reported sale price of the security from the previous trading day shall 
be used.\6\ The revised provision would permit market participants the 
certainty of knowing the settlement value on the day on which the 
primary market fails to open. Additionally, the amendment would 
eliminate the potential difficulties that could arise if the reporting 
authority for the index were unwilling or unable to calculate the 
settlement value using prices for the relevant security(ies) on the 
next day that its primary market is open for trading.\7\
---------------------------------------------------------------------------

    \6\ Chapter XIV, Section 10(g) would continue to apply to both 
A.M.-settled and P.M.-settled index options.
    \7\ The index calculator for the NDX, MNX and BKX indexes, which 
are products traded on Nasdaq affiliated exchanges, uses the 
previous day's closing price if components of the index do not open.
---------------------------------------------------------------------------

    The rule would continue to provide that this procedure shall not be 
used if the current index value at expiration is fixed in accordance 
with OCC rules and by-laws. This language recognizes that OCC is 
authorized under its rules and by-laws to take certain actions relating 
to settlement in the event of the unavailability or inaccuracy of the 
current underlying interest value.\8\ The Exchange proposes to retain 
this language in recognition of OCC's authority to establish settlement 
prices and procedures in certain circumstances where normal settlement 
procedures cannot be followed due unforeseen events, such as the 
unanticipated closure of a primary market for a component security on a 
day on which it would normally be open for trading. The Exchange would 
thus retain the last sentence of Chapter XIV, Section 10(g) which will 
make clear that the new procedure would not apply in the event that OCC 
exercises its authority to determine settlement prices. Rather, the 
proposed new language would apply only when a primary market does not 
open and OCC elects not to exercise its authority to intervene and take 
action to establish a settlement price.
---------------------------------------------------------------------------

    \8\ See OCC By-Laws Article XVII, Section 4(a), which provides 
in relevant part that if OCC shall determine that the primary market 
for one or more index components did not open or remain open for 
trading (or that any such components did not open or remain open for 
trading on such market(s)) on a trading day at or before the time 
when the current index value for that trading day would ordinarily 
be determined, or that a current index value or other value or price 
to be used as, or to determine, the exercise settlement amount (a 
``required value'') for a trading day is otherwise unreported, 
inaccurate, unreliable, unavailable or inappropriate for purposes of 
calculating the exercise settlement amount, then, in addition to any 
other actions that OCC may be entitled to take under OCC's bylaws 
and rules, the, OCC is empowered to take any or all of a range of 
permitted actions with respect to any series of options on such 
index, including fixing the exercise settlement amount.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest. As noted above, the amendment to Chapter XIV, Section 10(g) 
would establish clearly the procedure for determination of an index 
component security's price in the event that the primary market for the 
security fails to open. By adopting the proposed rule amendment, the 
Exchange would provide certainty to the market regarding the procedure 
it would follow in the absence of action by OCC. Additionally, it would 
provide market participants with the certainty of knowing the 
settlement value on the day on which the primary market fails to open, 
and eliminate the potential difficulties that could arise if the 
reporting authority for the index were unwilling or unable to calculate 
the settlement value using prices for the relevant security(ies) on the 
next day that its primary market is open for trading.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It would also acknowledge clearly, however, that OCC may, under its 
rules and by-laws, establish settlement prices for expiring index 
options that may differ from the settlement prices that would otherwise 
be provided for in Exchange rules, thereby protecting investors and the 
public interest by reducing potential for confusion in that regard.

[[Page 56118]]

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. On the contrary, the Exchange 
believes that the proposed amendment will benefit investors, market 
participants, and the marketplace in general by setting forth clearly 
the manner in which index option settlement values will be determined 
if the primary market for a security underlying the current index value 
of an index option does not open for trading, allowing market 
participants the certainty of knowing the settlement price on the day 
on which the primary market fails to open, eliminating the potential 
difficulties that could arise if the reporting authority for the index 
were unwilling or unable to calculate the settlement value using prices 
for the relevant security(ies) on the next day that its primary market 
is open for trading, and retaining the existing provision stating that 
the Exchange will defer to OCC in the determination of settlement 
prices when and if OCC exercises its authority under its own settlement 
price procedures in accordance with its rules and by-laws.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
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 for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 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 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) \14\ normally 
does not become operative for 30 days after the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. In its filing with the 
Commission, the Exchange has asked the Commission to waive the 30-day 
operative delay so that the proposal may become operative immediately 
upon filing to provide certainty regarding the determination of 
settlement prices for index options when the primary market for a 
security underlying the current index value of an index option does not 
does not open for trading on an expiration day, including in instances 
in which OCC exercises its authority to determine the settlement price. 
According to the Exchange, the proposed rule change will allow 
investors to know the settlement price of an index option on the day on 
which the primary market of an underlying component fails to open and 
will avoid potential difficulties that could arise if the reporting 
authority for the index was unwilling or unable to calculate the 
settlement value using prices for the relevant securities on the next 
day that its primary market is open for trading. As such, the 
Commission believes that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest and 
designates the proposed rule change operative upon filing.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the operative delay, the 
Commission has 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) \17\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 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-BX-2018-049 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-BX-2018-049. 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 a.m. and 3 p.m. 
Copies of such 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-BX-
2018-049, and should be submitted on or before November 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24527 Filed 11-8-18; 8:45 am]
BILLING CODE 8011-01-P



                                               56116                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               C. Self-Regulatory Organization’s                          At any time within 60 days of the                  be posted without change. Persons
                                               Statement on Comments on the                            filing of the proposed rule change, the               submitting comments are cautioned that
                                               Proposed Rule Change Received From                      Commission summarily may                              we do not redact or edit personal
                                               Members, Participants, or Others                        temporarily suspend such rule change if               identifying information from comment
                                                                                                       it appears to the Commission that such                submissions. You should submit only
                                                 The Exchange neither solicited nor
                                                                                                       action is necessary or appropriate in the             information that you wish to make
                                               received comments on the proposed
                                                                                                       public interest, for the protection of                available publicly. All submissions
                                               rule change.
                                                                                                       investors, or otherwise in furtherance of             should refer to File Number SR–CBOE–
                                               III. Date of Effectiveness of the                       the purposes of the Act. If the                       2018–071 and should be submitted on
                                               Proposed Rule Change and Timing for                     Commission takes such action, the                     or before November 30, 2018.
                                               Commission Action                                       Commission shall institute proceedings
                                                                                                                                                               For the Commission, by the Division of
                                                                                                       to determine whether the proposed rule
                                                  Because the proposed rule change                                                                           Trading and Markets, pursuant to delegated
                                                                                                       should be approved or disapproved.
                                               does not (i) significantly affect the                                                                         authority.24
                                               protection of investors or the public                   IV. Solicitation of Comments
                                               interest; (ii) impose any significant                     Interested persons are invited to                   Eduardo A. Aleman,
                                               burden on competition; and (iii) become                 submit written data, views and                        Assistant Secretary.
                                               operative for 30 days from the date on                  arguments concerning the foregoing,                   [FR Doc. 2018–24524 Filed 11–8–18; 8:45 am]
                                               which it was filed, or such shorter time                including whether the proposed rule                   BILLING CODE 8011–01–P
                                               as the Commission may designate if                      change is consistent with the Act.
                                               consistent with the protection of                       Comments may be submitted by any of
                                               investors and the public interest, the                  the following methods:
                                               proposed rule change has become                                                                               SECURITIES AND EXCHANGE
                                               effective pursuant to Section 19(b)(3)(A)               Electronic Comments                                   COMMISSION
                                               of the Act 19 and Rule 19b–4(f)(6)                        • Use the Commission’s internet
                                               thereunder.20                                           comment form (http://www.sec.gov/                     [Release No. 34–84540; File No. SR–BX–
                                                  A proposed rule change filed under                   rules/sro.shtml); or                                  2018–049]
                                               Rule 19b–4(f)(6) 21 normally does not                     • Send an email to rule-comments@
                                               become operative for 30 days after the                  sec.gov. Please include File Number SR–               Self-Regulatory Organizations; Nasdaq
                                               date of filing. However, pursuant to                    CBOE–2018–071 on the subject line.                    BX, Inc.; Notice of Filing and
                                               Rule 19b–4(f)(6)(iii),22 the Commission                                                                       Immediate Effectiveness of Proposed
                                                                                                       Paper Comments                                        Rule Change To Amend Chapter XIV,
                                               may designate a shorter time if such
                                               action is consistent with the protection                  • Send paper comments in triplicate                 Index Rules, Section 10(g), Pricing
                                               of investors and the public interest. The               to Secretary, Securities and Exchange                 When Primary Market Does Not Open
                                               Exchange has asked the Commission to                    Commission, 100 F Street NE,
                                                                                                       Washington, DC 20549–1090.                            November 5, 2018.
                                               waive the 30-day operative delay so that
                                               the proposal may become operative                       All submissions should refer to File                     Pursuant to Section 19(b)(1) of the
                                               immediately upon filing. The Exchange                   Number SR–CBOE–2018–071. This file                    Securities Exchange Act of 1934
                                               states that such waiver will allow the                  number should be included on the                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                               Exchange to extend the pilot program                    subject line if email is used. To help the            notice is hereby given that on October
                                               prior to its expiration on November 5,                  Commission process and review your                    30, 2018, Nasdaq BX, Inc. (‘‘BX’’ or the
                                               2018, and maintain the status quo,                      comments more efficiently, please use                 ‘‘Exchange’’) filed with the Securities
                                               thereby reducing market disruption.                     only one method. The Commission will                  and Exchange Commission (‘‘SEC’’ or
                                                  The Commission believes that                         post all comments on the Commission’s                 ‘‘Commission’’) the proposed rule
                                               waiving the 30-day operative delay is                   internet website (http://www.sec.gov/                 change as described in Items I and II
                                               consistent with the protection of                       rules/sro.shtml). Copies of the                       below, which Items have been prepared
                                               investors and the public interest, as it                submission, all subsequent                            by the Exchange. The Commission is
                                               will allow the pilot program to continue                amendments, all written statements                    publishing this notice to solicit
                                               uninterrupted, thereby avoiding                         with respect to the proposed rule                     comments on the proposed rule change
                                               investor confusion that could result                    change that are filed with the                        from interested persons.
                                               from a temporary interruption in the                    Commission, and all written
                                                                                                       communications relating to the                        I. Self-Regulatory Organization’s
                                               pilot program. For this reason, the
                                                                                                       proposed rule change between the                      Statement of the Terms of Substance of
                                               Commission designates the proposed
                                                                                                       Commission and any person, other than                 the Proposed Rule Change
                                               rule change to be operative upon
                                               filing.23                                               those that may be withheld from the
                                                                                                                                                                The Exchange proposes to amend
                                                                                                       public in accordance with the
                                                                                                                                                             Chapter XIV, Index Rules, Section 10(g),
                                                 19 15  U.S.C. 78s(b)(3)(A).                           provisions of 5 U.S.C. 552, will be
                                                                                                                                                             Pricing When Primary Market Does Not
                                                 20 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–    available for website viewing and
                                               4(f)(6) requires the Exchange to give the
                                                                                                                                                             Open.
                                                                                                       printing in the Commission’s Public
                                               Commission written notice of its intent to file the                                                              The text of the proposed rule change
                                               proposed rule change, along with a brief description
                                                                                                       Reference Room, 100 F Street NE,
                                               and text of the proposed rule change, at least five     Washington, DC 20549, on official                     is available on the Exchange’s website at
khammond on DSK30JT082PROD with NOTICES




                                               business days prior to the date of filing of the        business days between the hours of 10                 http://nasdaqbx.cchwallstreet.com/, at
                                               proposed rule change, or such shorter time as           a.m. and 3 p.m. Copies of the filing also             the principal office of the Exchange, and
                                               designated by the Commission. The Exchange has                                                                at the Commission’s Public Reference
                                               satisfied this requirement.
                                                                                                       will be available for inspection and
                                                 21 17 CFR 240.19b–4(f)(6).                            copying at the principal office of the                Room.
                                                 22 17 CFR 240.19b–4(f)(6)(iii).                       Exchange. All comments received will
                                                 23 For purposes only of waiving the operative                                                                 24 17 CFR 200.30–3(a)(12) and (59).
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                               delay for this proposal, the Commission has             efficiency, competition, and capital formation. See
                                               considered the proposed rule’s impact on                15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   17:36 Nov 08, 2018   Jkt 247001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM    09NON1


                                                                            Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                              56117

                                               II. Self-Regulatory Organization’s                         The Exchange now proposes to delete                  authority to establish settlement prices
                                               Statement of the Purpose of, and                        from the rule the language providing for                and procedures in certain circumstances
                                               Statutory Basis for, the Proposed Rule                  determination of the price of the                       where normal settlement procedures
                                               Change                                                  component security, for purposes of                     cannot be followed due unforeseen
                                                  In its filing with the Commission, the               calculating the current index value at                  events, such as the unanticipated
                                               Exchange included statements                            expiration, based on the opening price                  closure of a primary market for a
                                               concerning the purpose of and basis for                 of that security on the next day that its               component security on a day on which
                                               the proposed rule change and discussed                  primary market is open for trading. The                 it would normally be open for trading.
                                               any comments it received on the                         Exchange proposes to amend Chapter                      The Exchange would thus retain the last
                                               proposed rule change. The text of these                 XIV, Section 10(g) so that it provides                  sentence of Chapter XIV, Section 10(g)
                                               statements may be examined at the                       that when the primary market for a                      which will make clear that the new
                                               places specified in Item IV below. The                  security underlying the current index                   procedure would not apply in the event
                                               Exchange has prepared summaries, set                    value of an index option does not open                  that OCC exercises its authority to
                                               forth in sections A, B, and C below, of                 for trading on a given day which is an                  determine settlement prices. Rather, the
                                               the most significant aspects of such                    expiration day, for the purposes of                     proposed new language would apply
                                               statements.                                             calculating the settlement price at                     only when a primary market does not
                                                                                                       expiration, the last reported sale price of             open and OCC elects not to exercise its
                                               A. Self-Regulatory Organization’s                       the security from the previous trading                  authority to intervene and take action to
                                               Statement of the Purpose of, and                        day shall be used.6 The revised                         establish a settlement price.
                                               Statutory Basis for, the Proposed Rule                  provision would permit market
                                               Change                                                  participants the certainty of knowing                   2. Statutory Basis
                                               1. Purpose                                              the settlement value on the day on
                                                                                                       which the primary market fails to open.                    The Exchange believes that its
                                                  The Exchange proposes to amend its                   Additionally, the amendment would                       proposal is consistent with Section 6(b)
                                               rules at Chapter XIV, Index Rules,                      eliminate the potential difficulties that               of the Act,9 in general, and furthers the
                                               Section 10(g) of the Exchange’s rulebook                could arise if the reporting authority for              objectives of Section 6(b)(5) of the Act,10
                                               regarding determination of the price of                 the index were unwilling or unable to                   in particular, in that it is designed to
                                               component securities for purposes of                    calculate the settlement value using                    promote just and equitable principles of
                                               calculating the current index value at                  prices for the relevant security(ies) on                trade, to remove impediments to and
                                               expiration of Exchange index options on                 the next day that its primary market is                 perfect the mechanism of a free and
                                               days when the primary market for the                    open for trading.7                                      open market and a national market
                                               underlying security does not open.3 The                    The rule would continue to provide                   system, and, in general to protect
                                               proposed amendment would apply to                       that this procedure shall not be used if                investors and the public interest. As
                                               both AM-settled and PM-settled index                    the current index value at expiration is                noted above, the amendment to Chapter
                                               options.4                                               fixed in accordance with OCC rules and                  XIV, Section 10(g) would establish
                                                  Currently, Chapter XIV, Section 10(g)                by-laws. This language recognizes that                  clearly the procedure for determination
                                               provides that when the primary market                   OCC is authorized under its rules and                   of an index component security’s price
                                               for a security underlying the current                   by-laws to take certain actions relating                in the event that the primary market for
                                               index value of an index option does not                 to settlement in the event of the                       the security fails to open. By adopting
                                               open for trading on a given day, the                    unavailability or inaccuracy of the                     the proposed rule amendment, the
                                               price of that security shall be                         current underlying interest value.8 The                 Exchange would provide certainty to the
                                               determined, for purposes of calculating                                                                         market regarding the procedure it would
                                                                                                       Exchange proposes to retain this
                                               the current index value at expiration,                                                                          follow in the absence of action by OCC.
                                                                                                       language in recognition of OCC’s
                                               based on the opening price of that                                                                              Additionally, it would provide market
                                               security on the next day that its primary               expiration is fixed in accordance with the Rules and    participants with the certainty of
                                               market is open for trading.5                            By-Laws of the options Clearing Corporation             knowing the settlement value on the day
                                                                                                       (‘‘OCC’’).
                                                 3 Three of the Exchange’s affiliated options             6 Chapter XIV, Section 10(g) would continue to
                                                                                                                                                               on which the primary market fails to
                                               exchanges, Nasdaq ISE, LLC (‘‘ISE’’), The Nasdaq        apply to both A.M.-settled and P.M.-settled index       open, and eliminate the potential
                                               Stock Market LLC (‘‘Nasdaq’’) and Nasdaq PHLX           options.                                                difficulties that could arise if the
                                               LLC, will also be proposing rule changes relating to       7 The index calculator for the NDX, MNX and
                                                                                                                                                               reporting authority for the index were
                                               the manner of determining an underlying index           BKX indexes, which are products traded on Nasdaq
                                               component security’s price for purposes of
                                                                                                                                                               unwilling or unable to calculate the
                                                                                                       affiliated exchanges, uses the previous day’s closing
                                               calculating the current index value at expiration of    price if components of the index do not open.           settlement value using prices for the
                                               an index option under these circumstances. See             8 See OCC By-Laws Article XVII, Section 4(a),        relevant security(ies) on the next day
                                               SR–NASDAQ–2018–081, SR–Phlx–2018–63, and                which provides in relevant part that if OCC shall       that its primary market is open for
                                               SR–ISE–2018–88. The Exchange desires its rules to       determine that the primary market for one or more
                                               be aligned with those of the affiliated exchanges.
                                                                                                                                                               trading.
                                                                                                       index components did not open or remain open for
                                                 4 Currently, traditional index options expiring on
                                                                                                       trading (or that any such components did not open          It would also acknowledge clearly,
                                               the third Friday of the month are A.M.-settled,         or remain open for trading on such market(s)) on        however, that OCC may, under its rules
                                               meaning that the index option’s settlement value is     a trading day at or before the time when the current
                                               calculated based upon opening prices of the index’s
                                                                                                                                                               and by-laws, establish settlement prices
                                                                                                       index value for that trading day would ordinarily
                                               component securities on the last day of trading in      be determined, or that a current index value or         for expiring index options that may
                                               the component securities prior to expiration,           other value or price to be used as, or to determine,    differ from the settlement prices that
                                               normally on Friday morning. By contrast, the            the exercise settlement amount (a ‘‘required value’’)   would otherwise be provided for in
khammond on DSK30JT082PROD with NOTICES




                                               settlement of P.M.-settled index options is based       for a trading day is otherwise unreported,
                                               upon the closing index value, defined as the last       inaccurate, unreliable, unavailable or inappropriate
                                                                                                                                                               Exchange rules, thereby protecting
                                               index value reported on a business day, for the day     for purposes of calculating the exercise settlement     investors and the public interest by
                                               on which the index option is exercised. P.M.-settled    amount, then, in addition to any other actions that     reducing potential for confusion in that
                                               options expiring on the third Friday of the month       OCC may be entitled to take under OCC’s bylaws          regard.
                                               would therefore normally be settled on the basis of     and rules, the, OCC is empowered to take any or
                                               Friday’s closing prices of component securities.        all of a range of permitted actions with respect to      9 15   U.S.C. 78f(b).
                                                 5 The rule provides, however, that this procedure     any series of options on such index, including           10 15   U.S.C. 78f(b)(5).
                                               shall not be used if the current index value at         fixing the exercise settlement amount.



                                          VerDate Sep<11>2014   17:36 Nov 08, 2018   Jkt 247001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM      09NON1


                                               56118                          Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               B. Self-Regulatory Organization’s                             A proposed rule change filed under                   Comments may be submitted by any of
                                               Statement on Burden on Competition                         Rule 19b–4(f)(6) 14 normally does not                   the following methods:
                                                                                                          become operative for 30 days after the
                                                  The Exchange does not believe that                                                                              Electronic Comments
                                                                                                          date of the filing. However, pursuant to
                                               the proposed rule change will impose
                                                                                                          Rule 19b–4(f)(6)(iii),15 the Commission                   • Use the Commission’s internet
                                               any burden on competition not
                                                                                                          may designate a shorter time if such                    comment form (http://www.sec.gov/
                                               necessary or appropriate in furtherance
                                                                                                          action is consistent with the protection                rules/sro.shtml); or
                                               of the purposes of the Act. On the
                                                                                                          of investors and the public interest. In
                                               contrary, the Exchange believes that the
                                                                                                          its filing with the Commission, the                       • Send an email to rule-comments@
                                               proposed amendment will benefit                                                                                    sec.gov. Please include File Number SR–
                                                                                                          Exchange has asked the Commission to
                                               investors, market participants, and the                                                                            BX–2018–049 on the subject line.
                                                                                                          waive the 30-day operative delay so that
                                               marketplace in general by setting forth
                                                                                                          the proposal may become operative                       Paper Comments
                                               clearly the manner in which index
                                                                                                          immediately upon filing to provide
                                               option settlement values will be
                                                                                                          certainty regarding the determination of                  • Send paper comments in triplicate
                                               determined if the primary market for a
                                                                                                          settlement prices for index options                     to Secretary, Securities and Exchange
                                               security underlying the current index
                                                                                                          when the primary market for a security                  Commission, 100 F Street NE,
                                               value of an index option does not open
                                                                                                          underlying the current index value of an                Washington, DC 20549–1090.
                                               for trading, allowing market participants
                                                                                                          index option does not does not open for
                                               the certainty of knowing the settlement                                                                            All submissions should refer to File
                                                                                                          trading on an expiration day, including
                                               price on the day on which the primary                                                                              Number SR–BX–2018–049. This file
                                                                                                          in instances in which OCC exercises its
                                               market fails to open, eliminating the                                                                              number should be included on the
                                                                                                          authority to determine the settlement
                                               potential difficulties that could arise if                                                                         subject line if email is used. To help the
                                                                                                          price. According to the Exchange, the
                                               the reporting authority for the index                                                                              Commission process and review your
                                                                                                          proposed rule change will allow
                                               were unwilling or unable to calculate                                                                              comments more efficiently, please use
                                                                                                          investors to know the settlement price
                                               the settlement value using prices for the                                                                          only one method. The Commission will
                                                                                                          of an index option on the day on which
                                               relevant security(ies) on the next day                                                                             post all comments on the Commission’s
                                                                                                          the primary market of an underlying
                                               that its primary market is open for                                                                                internet website (http://www.sec.gov/
                                                                                                          component fails to open and will avoid
                                               trading, and retaining the existing                                                                                rules/sro.shtml). Copies of the
                                                                                                          potential difficulties that could arise if
                                               provision stating that the Exchange will                                                                           submission, all subsequent
                                                                                                          the reporting authority for the index was
                                               defer to OCC in the determination of                                                                               amendments, all written statements
                                                                                                          unwilling or unable to calculate the
                                               settlement prices when and if OCC                                                                                  with respect to the proposed rule
                                                                                                          settlement value using prices for the
                                               exercises its authority under its own                                                                              change that are filed with the
                                                                                                          relevant securities on the next day that
                                               settlement price procedures in                                                                                     Commission, and all written
                                                                                                          its primary market is open for trading.
                                               accordance with its rules and by-laws.                                                                             communications relating to the
                                                                                                          As such, the Commission believes that
                                               C. Self-Regulatory Organization’s                          waiver of the 30-day operative delay is                 proposed rule change between the
                                               Statement on Comments on the                               consistent with the protection of                       Commission and any person, other than
                                               Proposed Rule Change Received From                         investors and the public interest and                   those that may be withheld from the
                                               Members, Participants, or Others                           designates the proposed rule change                     public in accordance with the
                                                                                                          operative upon filing.16                                provisions of 5 U.S.C. 552, will be
                                                 No written comments were either                                                                                  available for website viewing and
                                               solicited or received.                                        At any time within 60 days of the
                                                                                                          filing of such proposed rule change, the                printing in the Commission’s Public
                                               III. Date of Effectiveness of the                          Commission summarily may                                Reference Room, 100 F Street NE,
                                               Proposed Rule Change and Timing for                        temporarily suspend such rule change if                 Washington, DC 20549 on official
                                               Commission Action                                          it appears to the Commission that such                  business days between the hours of 10
                                                                                                          action is necessary or appropriate in the               a.m. and 3 p.m. Copies of such filing
                                                 The Exchange has filed the proposed
                                                                                                          public interest, for the protection of                  also will be available for inspection and
                                               rule change pursuant to Section
                                                                                                          investors, or otherwise in furtherance of               copying at the principal office of the
                                               19(b)(3)(A) of the Act 11 and Rule 19b–
                                                                                                          the purposes of the Act. If the                         Exchange. All comments received will
                                               4(f)(6) thereunder.12 Because the
                                                                                                          Commission takes such action, the                       be posted without change. Persons
                                               proposed rule change does not: (i)
                                                                                                          Commission shall institute proceedings                  submitting comments are cautioned that
                                               Significantly affect the protection of
                                                                                                          under Section 19(b)(2)(B) 17 of the Act to              we do not redact or edit personal
                                               investors or the public interest; (ii)
                                               impose any significant burden on                           determine whether the proposed rule                     identifying information from comment
                                               competition; and (iii) become operative                    change should be approved or                            submissions. You should submit only
                                               for 30 days from the date on which it                      disapproved.                                            information that you wish to make
                                               was filed, or such shorter time as the                                                                             available publicly. All submissions
                                                                                                          IV. Solicitation of Comments
                                               Commission may designate, it has                                                                                   should refer to File Number SR–BX–
                                                                                                            Interested persons are invited to                     2018–049, and should be submitted on
                                               become effective pursuant to Section
                                                                                                          submit written data, views, and                         or before November 30, 2018.
                                               19(b)(3)(A) of the Act and Rule 19b–
                                                                                                          arguments concerning the foregoing,
                                               4(f)(6) thereunder.13                                                                                                For the Commission, by the Division of
                                                                                                          including whether the proposed rule
                                                                                                                                                                  Trading and Markets, pursuant to delegated
                                                                                                          change is consistent with the Act.
khammond on DSK30JT082PROD with NOTICES




                                                 11 15  U.S.C. 78s(b)(3)(A)(iii).                                                                                 authority.18
                                                 12 17  CFR 240.19b–4(f)(6).
                                                                                                            14 17
                                                                                                                                                                  Eduardo A. Aleman,
                                                 13 In addition, Rule 19b–4(f)(6)(iii) requires a self-           CFR 240.19b–4(f)(6).
                                               regulatory organization to give the Commission
                                                                                                            15 17 CFR 240.19b–4(f)(6)(iii).                       Assistant Secretary.
                                                                                                            16 For purposes only of waiving the operative         [FR Doc. 2018–24527 Filed 11–8–18; 8:45 am]
                                               written notice of its intent to file the proposed rule
                                               change at least five business days prior to the date       delay, the Commission has considered the proposed
                                                                                                                                                                  BILLING CODE 8011–01–P
                                               of filing of the proposed rule change, or such             rule’s impact on efficiency, competition, and capital
                                               shorter time as designated by the Commission. The          formation. See 15 U.S.C. 78c(f).
                                               Exchange has satisfied this requirement.                     17 15 U.S.C. 78s(b)(2)(B).                              18 17   CFR 200.30–3(a)(12).



                                          VerDate Sep<11>2014    17:36 Nov 08, 2018    Jkt 247001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\09NON1.SGM        09NON1



Document Created: 2018-11-09 03:33:52
Document Modified: 2018-11-09 03:33:52
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 56116 

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