83_FR_56345 83 FR 56127 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 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 56127 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 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 Range56127-56129
FR Document2018-24525

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56127-56129]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24525]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84538; File No. SR-NASDAQ-2018-081]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
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 23, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Chapter 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://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The 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\
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    \3\ Three of the Exchange's affiliated options exchanges, Nasdaq 
ISE, LLC (``ISE''), Nasdaq BX (``BX'') 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-BX-2018-049, 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.
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    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\
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    \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'').
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    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 
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\
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    \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.
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    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

[[Page 56128]]

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.
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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.

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\
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    \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.
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    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\
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    \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-NASDAQ-2018-081 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange

[[Page 56129]]

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2018-081. 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-
NASDAQ-2018-081, 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\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24525 Filed 11-8-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                                    56127

                                               be submitted on or before November 30,                  statements may be examined at the                       Exchange proposes to amend Chapter
                                               2018.                                                   places specified in Item IV below. The                  XIV, Section 10(g) so that it provides
                                                 For the Commission, by the Division of                Exchange has prepared summaries, set                    that when the primary market for a
                                               Trading and Markets, pursuant to delegated              forth in sections A, B, and C below, of                 security underlying the current index
                                               authority.18                                            the most significant aspects of such                    value of an index option does not open
                                               Eduardo A. Aleman,                                      statements.                                             for trading on a given day, which is an
                                               Assistant Secretary.                                                                                            expiration day, for purposes of
                                                                                                       A. Self-Regulatory Organization’s
                                                                                                                                                               calculating the settlement price at
                                               [FR Doc. 2018–24526 Filed 11–8–18; 8:45 am]             Statement of the Purpose of, and
                                                                                                                                                               expiration, the last reported sale price of
                                               BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule
                                                                                                                                                               the security from the previous trading
                                                                                                       Change
                                                                                                                                                               day shall be used.6 The revised
                                               SECURITIES AND EXCHANGE                                 1. Purpose                                              provision would permit market
                                               COMMISSION                                                 The Exchange proposes to amend its                   participants the certainty of knowing
                                                                                                       rules at Chapter XIV, Index Rules,                      the settlement value on the day on
                                               [Release No. 34–84538; File No. SR–                                                                             which the primary market fails to open.
                                               NASDAQ–2018–081]                                        Section 10(g) of the Exchange’s rulebook
                                                                                                       regarding determination of the price of                 Additionally, the amendment would
                                                                                                       component securities for purposes of                    eliminate the potential difficulties that
                                               Self-Regulatory Organizations; The
                                                                                                       calculating the current index value at                  could arise if the reporting authority for
                                               Nasdaq Stock Market LLC; Notice of
                                                                                                       expiration of Exchange index options on                 the index were unwilling or unable to
                                               Filing and Immediate Effectiveness of
                                                                                                       days when the primary market for the                    calculate the settlement value using
                                               Proposed Rule Change To Amend
                                                                                                       underlying security does not open.3 The                 prices for the relevant security(ies) on
                                               Chapter XIV, Index Rules, Section
                                                                                                       proposed amendment would apply to                       the next day that its primary market is
                                               10(g), Pricing When Primary Market
                                                                                                       both AM-settled and PM-settled index                    open for trading.7
                                               Does Not Open                                                                                                      The rule would continue to provide
                                                                                                       options.4
                                               November 5, 2018.                                          Currently, Chapter XIV, Section 10(g)                that this procedure shall not be used if
                                                  Pursuant to Section 19(b)(1) of the                  provides that when the primary market                   the current index value at expiration is
                                               Securities Exchange Act of 1934                         for a security underlying the current                   fixed in accordance with OCC rules and
                                               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 index value of an index option does not                 by-laws. This language recognizes that
                                               notice is hereby given that on October                  open for trading on a given day, the                    OCC is authorized under its rules and
                                               23, 2018, The Nasdaq Stock Market LLC                   price of that security shall be                         by-laws to take certain actions relating
                                               (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed with             determined, for purposes of calculating                 to settlement in the event of the
                                               the Securities and Exchange                             the current index value at expiration,                  unavailability or inaccuracy of the
                                               Commission (‘‘SEC’’ or ‘‘Commission’’)                  based on the opening price of that                      current underlying interest value.8 The
                                               the proposed rule change as described                   security on the next day that its primary               Exchange proposes to retain this
                                               in Items I and II below, which Items                    market is open for trading.5                            language in recognition of OCC’s
                                               have been prepared by the Exchange.                        The Exchange now proposes to delete                  authority to establish settlement prices
                                               The Commission is publishing this                       from the rule the language providing for                and procedures in certain circumstances
                                               notice to solicit comments on the                       determination of the price of the                       where normal settlement procedures
                                               proposed rule change from interested                    component security, for purposes of                     cannot be followed due unforeseen
                                               persons.                                                calculating the current index value at                  events, such as the unanticipated
                                                                                                       expiration, based on the opening price                  closure of a primary market for a
                                               I. Self-Regulatory Organization’s                                                                               component security on a day on which
                                                                                                       of that security on the next day that its
                                               Statement of the Terms of Substance of                                                                          it would normally be open for trading.
                                                                                                       primary market is open for trading. The
                                               the Proposed Rule Change                                                                                        The Exchange would thus retain the last
                                                  The Exchange proposes to amend                          3 Three of the Exchange’s affiliated options         sentence of Chapter XIV, Section 10(g)
                                               Chapter XIV, Index Rules, Section 10(g),                exchanges, Nasdaq ISE, LLC (‘‘ISE’’), Nasdaq BX         which will make clear that the new
                                               Pricing When Primary Market Does Not                    (‘‘BX’’) and Nasdaq PHLX LLC, will also be
                                                                                                       proposing rule changes relating to the manner of           6 Chapter XIV, Section 10(g) would continue to
                                               Open.                                                   determining an underlying index component               apply to both A.M.-settled and P.M.-settled index
                                                  The text of the proposed rule change                 security’s price for purposes of calculating the        options.
                                               is available on the Exchange’s website at               current index value at expiration of an index option       7 The index calculator for the NDX, MNX and

                                               http://nasdaq.cchwallstreet.com, at the                 under these circumstances. See SR–BX–2018–049,          BKX indexes, which are products traded on Nasdaq
                                                                                                       SR–Phlx–2018–63, and SR–ISE–2018–88. The                affiliated exchanges, uses the previous day’s closing
                                               principal office of the Exchange, and at                Exchange desires its rules to be aligned with those     price if components of the index do not open.
                                               the Commission’s Public Reference                       of the affiliated exchanges.                               8 See OCC By-Laws Article XVII, Section 4(a),
                                               Room.                                                      4 Currently, traditional index options expiring on
                                                                                                                                                               which provides in relevant part that if OCC shall
                                                                                                       the third Friday of the month are A.M.-settled,         determine that the primary market for one or more
                                               II. Self-Regulatory Organization’s                      meaning that the index option’s settlement value is     index components did not open or remain open for
                                               Statement of the Purpose of, and                        calculated based upon opening prices of the index’s     trading (or that any such components did not open
                                               Statutory Basis for, the Proposed Rule                  component securities on the last day of trading in      or remain open for trading on such market(s)) on
                                                                                                       the component securities prior to expiration,           a trading day at or before the time when the current
                                               Change                                                  normally on Friday morning. By contrast, the            index value for that trading day would ordinarily
                                                  In its filing with the Commission, the               settlement of P.M.-settled index options is based       be determined, or that a current index value or
                                                                                                       upon the closing index value, defined as the last       other value or price to be used as, or to determine,
                                               Exchange included statements                            index value reported on a business day, for the day     the exercise settlement amount (a ‘‘required value’’)
khammond on DSK30JT082PROD with NOTICES




                                               concerning the purpose of and basis for                 on which the index option is exercised. P.M.-settled    for a trading day is otherwise unreported,
                                               the proposed rule change and discussed                  options expiring on the third Friday of the month       inaccurate, unreliable, unavailable or inappropriate
                                               any comments it received on the                         would therefore normally be settled on the basis of     for purposes of calculating the exercise settlement
                                                                                                       Friday’s closing prices of component securities.        amount, then, in addition to any other actions that
                                               proposed rule change. The text of these                    5 The rule provides, however, that this procedure    OCC may be entitled to take under OCC’s bylaws
                                                                                                       shall not be used if the current index value at         and rules, the, OCC is empowered to take any or
                                                 18 17 CFR 200.30–3(a)(12).                            expiration is fixed in accordance with the Rules and    all of a range of permitted actions with respect to
                                                 1 15 U.S.C. 78s(b)(1).                                By-Laws of the options Clearing Corporation             any series of options on such index, including
                                                 2 17 CFR 240.19b–4.                                   (‘‘OCC’’).                                              fixing the exercise settlement amount.



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                                               56128                           Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               procedure would not apply in the event                     option settlement values will be                           immediately upon filing to provide
                                               that OCC exercises its authority to                        determined if the primary market for a                     certainty regarding the determination of
                                               determine settlement prices. Rather, the                   security underlying the current index                      settlement prices for index options
                                               proposed new language would apply                          value of an index option does not open                     when the primary market for a security
                                               only when a primary market does not                        for trading, allowing market participants                  underlying the current index value of an
                                               open and OCC elects not to exercise its                    the certainty of knowing the settlement                    index option does not does not open for
                                               authority to intervene and take action to                  price on the day on which the primary                      trading on an expiration day, including
                                               establish a settlement price.                              market fails to open, eliminating the                      in instances in which OCC exercises its
                                                                                                          potential difficulties that could arise if                 authority to determine the settlement
                                               2. Statutory Basis
                                                                                                          the reporting authority for the index                      price. According to the Exchange, the
                                                  The Exchange believes that its                          were unwilling or unable to calculate                      proposed rule change will allow
                                               proposal is consistent with Section 6(b)                   the settlement value using prices for the                  investors to know the settlement price
                                               of the Act,9 in general, and furthers the                  relevant security(ies) on the next day                     of an index option on the day on which
                                               objectives of Section 6(b)(5) of the Act,10                that its primary market is open for                        the primary market of an underlying
                                               in particular, in that it is designed to                   trading, and retaining the existing                        component fails to open and will avoid
                                               promote just and equitable principles of                   provision stating that the Exchange will                   potential difficulties that could arise if
                                               trade, to remove impediments to and                        defer to OCC in the determination of                       the reporting authority for the index was
                                               perfect the mechanism of a free and                        settlement prices when and if OCC                          unwilling or unable to calculate the
                                               open market and a national market                          exercises its authority under its own                      settlement value using prices for the
                                               system, and, in general to protect                         settlement price procedures in                             relevant securities on the next day that
                                               investors and the public interest. As                      accordance with its rules and by-laws.                     its primary market is open for trading.
                                               noted above, the amendment to Chapter                                                                                 As such, the Commission believes that
                                               XIV, Section 10(g) would establish                         C. Self-Regulatory Organization’s
                                                                                                          Statement on Comments on the                               waiver of the 30-day operative delay is
                                               clearly the procedure for determination                                                                               consistent with the protection of
                                               of an index component security’s price                     Proposed Rule Change Received From
                                                                                                          Members, Participants, or Others                           investors and the public interest and
                                               in the event that the primary market for                                                                              designates the proposed rule change
                                               the security fails to open. By adopting                      No written comments were either                          operative upon filing.16
                                               the proposed rule amendment, the                           solicited or received.
                                                                                                                                                                        At any time within 60 days of the
                                               Exchange would provide certainty to the                    III. Date of Effectiveness of the                          filing of such proposed rule change, the
                                               market regarding the procedure it would                    Proposed Rule Change and Timing for                        Commission summarily may
                                               follow in the absence of action by OCC.                    Commission Action                                          temporarily suspend such rule change if
                                               Additionally, it would provide market                                                                                 it appears to the Commission that such
                                               participants with the certainty of                            The Exchange has filed the proposed
                                                                                                          rule change pursuant to Section                            action is necessary or appropriate in the
                                               knowing the settlement value on the day                                                                               public interest, for the protection of
                                               on which the primary market fails to                       19(b)(3)(A) of the Act 11 and Rule 19b–
                                                                                                          4(f)(6) thereunder.12 Because the                          investors, or otherwise in furtherance of
                                               open, and eliminate the potential                                                                                     the purposes of the Act. If the
                                               difficulties that could arise if the                       proposed rule change does not: (i)
                                                                                                          Significantly affect the protection of                     Commission takes such action, the
                                               reporting authority for the index were                                                                                Commission shall institute proceedings
                                               unwilling or unable to calculate the                       investors or the public interest; (ii)
                                                                                                          impose any significant burden on                           under Section 19(b)(2)(B) 17 of the Act to
                                               settlement value using prices for the                                                                                 determine whether the proposed rule
                                               relevant security(ies) on the next day                     competition; and (iii) become operative
                                                                                                          for 30 days from the date on which it                      change should be approved or
                                               that its primary market is open for                                                                                   disapproved.
                                               trading.                                                   was filed, or such shorter time as the
                                                  It would also acknowledge clearly,                      Commission may designate, it has                           IV. Solicitation of Comments
                                               however, that OCC may, under its rules                     become effective pursuant to Section
                                                                                                          19(b)(3)(A) of the Act and Rule 19b–                         Interested persons are invited to
                                               and by-laws, establish settlement prices                                                                              submit written data, views, and
                                               for expiring index options that may                        4(f)(6) thereunder.13
                                                                                                             A proposed rule change filed under                      arguments concerning the foregoing,
                                               differ from the settlement prices that                                                                                including whether the proposed rule
                                               would otherwise be provided for in                         Rule 19b–4(f)(6) 14 normally does not
                                                                                                          become operative for 30 days after the                     change is consistent with the Act.
                                               Exchange rules, thereby protecting                                                                                    Comments may be submitted by any of
                                                                                                          date of the filing. However, pursuant to
                                               investors and the public interest by                                                                                  the following methods:
                                                                                                          Rule 19b–4(f)(6)(iii),15 the Commission
                                               reducing potential for confusion in that
                                                                                                          may designate a shorter time if such                       Electronic Comments
                                               regard.
                                                                                                          action is consistent with the protection
                                               B. Self-Regulatory Organization’s                          of investors and the public interest. In                     • Use the Commission’s internet
                                               Statement on Burden on Competition                         its filing with the Commission, the                        comment form (http://www.sec.gov/
                                                                                                          Exchange has asked the Commission to                       rules/sro.shtml); or
                                                 The Exchange does not believe that
                                                                                                          waive the 30-day operative delay so that                     • Send an email to rule-comments@
                                               the proposed rule change will impose
                                                                                                          the proposal may become operative                          sec.gov. Please include File Number SR–
                                               any burden on competition not
                                                                                                                                                                     NASDAQ–2018–081 on the subject line.
                                               necessary or appropriate in furtherance                      11 15  U.S.C. 78s(b)(3)(A)(iii).
                                               of the purposes of the Act. On the                           12 17
                                                                                                                                                                     Paper Comments
                                                                                                                   CFR 240.19b–4(f)(6).
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                                               contrary, the Exchange believes that the                     13 In addition, Rule 19b–4(f)(6)(iii) requires a self-
                                                                                                                                                                       • Send paper comments in triplicate
                                               proposed amendment will benefit                            regulatory organization to give the Commission             to Secretary, Securities and Exchange
                                               investors, market participants, and the                    written notice of its intent to file the proposed rule
                                               marketplace in general by setting forth                    change at least five business days prior to the date
                                                                                                          of filing of the proposed rule change, or such               16 For purposes only of waiving the operative
                                               clearly the manner in which index                          shorter time as designated by the Commission. The          delay, the Commission has considered the proposed
                                                                                                          Exchange has satisfied this requirement.                   rule’s impact on efficiency, competition, and capital
                                                 9 15   U.S.C. 78f(b).                                      14 17 CFR 240.19b–4(f)(6).                               formation. See 15 U.S.C. 78c(f).
                                                 10 15   U.S.C. 78f(b)(5).                                  15 17 CFR 240.19b–4(f)(6)(iii).                            17 15 U.S.C. 78s(b)(2)(B).




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                                                                                Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                                   56129

                                               Commission, 100 F Street NE,                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  at the Commission’s Public Reference
                                               Washington, DC 20549–1090.                                notice is hereby given that on November                  Room.
                                               All submissions should refer to File                      2, 2018, Cboe Exchange, Inc.
                                                                                                                                                                  II. Self-Regulatory Organization’s
                                               Number SR–NASDAQ–2018–081. This                           (‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                                                                                                                                                  Statement of the Purpose of, and
                                               file number should be included on the                     with the Securities and Exchange                         Statutory Basis for, the Proposed Rule
                                               subject line if email is used. To help the                Commission (‘‘Commission’’) the                          Change
                                               Commission process and review your                        proposed rule change as described in
                                               comments more efficiently, please use                     Items I and II below, which Items have                      In its filing with the Commission, the
                                               only one method. The Commission will                      been prepared by the Exchange. The                       Exchange included statements
                                               post all comments on the Commission’s                     Exchange filed the proposal as a ‘‘non-                  concerning the purpose of and basis for
                                               internet website (http://www.sec.gov/                     controversial’’ proposed rule change                     the proposed rule change and discussed
                                               rules/sro.shtml). Copies of the                           pursuant to Section 19(b)(3)(A)(iii) of                  any comments it received on the
                                               submission, all subsequent                                the Act 3 and Rule 19b–4(f)(6)                           proposed rule change. The text of these
                                               amendments, all written statements                        thereunder.4 The Commission is                           statements may be examined at the
                                               with respect to the proposed rule                         publishing this notice to solicit                        places specified in Item IV below. The
                                                                                                         comments on the proposed rule change                     Exchange has prepared summaries, set
                                               change that are filed with the
                                                                                                         from interested persons.                                 forth in sections A, B, and C below, of
                                               Commission, and all written
                                                                                                                                                                  the most significant aspects of such
                                               communications relating to the                            I. Self-Regulatory Organization’s                        statements.
                                               proposed rule change between the                          Statement of the Terms of Substance of
                                               Commission and any person, other than                     the Proposed Rule Change                                 A. Self-Regulatory Organization’s
                                               those that may be withheld from the                                                                                Statement of the Purpose of, and
                                               public in accordance with the                                The Exchange proposes to extend the                   Statutory Basis for, the Proposed Rule
                                               provisions of 5 U.S.C. 552, will be                       operation of its SPXPM pilot program.                    Change
                                               available for website viewing and                            The text of the proposed rule change
                                                                                                         is provided below.                                       1. Purpose
                                               printing in the Commission’s Public
                                               Reference Room, 100 F Street NE,                          (additions are italicized; deletions are                    On February 8, 2013, the Exchange
                                               Washington, DC 20549 on official                          [bracketed])                                             received approval of a rule change that
                                               business days between the hours of 10                                                                              established a Pilot Program that allows
                                               a.m. and 3 p.m. Copies of such filing                     *          *     *       *      *                        the Exchange to list options on the S&P
                                               also will be available for inspection and                 Cboe Exchange, Inc. Rules [sic]                          500 Index whose exercise settlement
                                               copying at the principal office of the                                                                             value is derived from closing prices on
                                                                                                         *          *     *       *      *                        the last trading day prior to expiration
                                               Exchange. All comments received will
                                               be posted without change. Persons                         Rule 24.9. Terms of Index Option                         (‘‘SPXPM’’).5 On July 31, 2013, the
                                               submitting comments are cautioned that                    Contracts                                                Exchange received approval of a rule
                                               we do not redact or edit personal                                                                                  change that amended the Pilot Program
                                                                                                            (No change).                                          to allow the Exchange to list options on
                                               identifying information from comment                         . . . Interpretations and Policies:
                                               submissions. You should submit only                                                                                the Mini-SPX Index (‘‘XSP’’) whose
                                                                                                            .01–.13 (No change).                                  exercise settlement value is derived
                                               information that you wish to make                            .14 In addition to A.M.-settled
                                               available publicly. All submissions                                                                                from closing prices on the last trading
                                                                                                         Standard & Poor’s 500 Stock Index                        day prior to expiration (‘‘P.M.-settled’’) 6
                                               should refer to File Number SR–                           options approved for trading on the
                                               NASDAQ–2018–081, and should be                                                                                     (together, SPXPM and P.M.-settled XSP
                                                                                                         Exchange pursuant to Rule 24.9, the                      to be referred to herein as the ‘‘Pilot
                                               submitted on or before November 30,                       Exchange may also list options on the
                                               2018.                                                                                                              Products’’).7 The Exchange has
                                                                                                         S&P 500 Index whose exercise                             extended the pilot period five times,
                                                 For the Commission, by the Division of                  settlement value is derived from closing                 which is currently set to expire on the
                                               Trading and Markets, pursuant to delegated                prices on the last trading day prior to                  earlier of November 5, 2018 or the date
                                               authority.18                                              expiration (P.M.-settled third Friday-of-                on which the pilot program is approved
                                               Eduardo A. Aleman,                                        the-month SPX options series). The                       on a permanent basis.8 The Exchange
                                               Assistant Secretary.                                      Exchange may also list options on the
                                               [FR Doc. 2018–24525 Filed 11–8–18; 8:45 am]               Mini-SPX Index (‘‘XSP’’) whose exercise                     5 See Securities Exchange Act Release No. 68888

                                               BILLING CODE 8011–01–P                                    settlement value is derived from closing                 (February 8, 2013), 78 FR 10668 (February 14, 2013)
                                                                                                         prices on the last trading day prior to                  (SR–CBOE–2012–120) (the ‘‘SPXPM Approval
                                                                                                                                                                  Order’’). Pursuant to Securities Exchange Act
                                                                                                         expiration (‘‘P.M.-settled’’). P.M.-settled              Release No. 80060 (February 17, 2017), 82 FR 11673
                                               SECURITIES AND EXCHANGE                                   third Friday-of-the-month SPX options                    (February 24, 2017) (SR–CBOE–2016–091), the
                                               COMMISSION                                                series and P.M.-settled XSP options will                 Exchange moved third-Friday P.M.-settled options
                                                                                                         be listed for trading for a pilot period                 into the S&P 500 Index options class, and as a
                                               [Release No. 34–84535; File No. SR–CBOE–                                                                           result, the trading symbol for P.M.-settled S&P 500
                                               2018–069]
                                                                                                         ending [November 5, 2018] May 6, 2019.                   Index options that have standard third Friday-of-
                                                                                                         *      *     *     *     *                               the-month expirations changed from ‘‘SPXPM’’ to
                                               Self-Regulatory Organizations; Cboe                          The text of the proposed rule change                  ‘‘SPXW.’’ This change went into effect on May 1,
                                                                                                                                                                  2017, pursuant to Cboe Options Regulatory Circular
                                               Exchange, Inc.; Notice of Filing and                      is also available on the Exchange’s                      RG17–054.
                                               Immediate Effectiveness of a Proposed                     website (http://www.cboe.com/                               6 See Securities Exchange Act Release No. 70087
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                                               Rule Change To Extend the Operation                       AboutCBOE/CBOELegal                                      (July 31, 2013), 78 FR 47809 (August 6, 2013) (SR–
                                               of its SPXPM Pilot Program                                RegulatoryHome.aspx), at the                             CBOE–2013–055) (the ‘‘P.M.-settled XSP Approval
                                                                                                                                                                  Order’’).
                                                                                                         Exchange’s Office of the Secretary, and                     7 For more information on the Pilot Products or
                                               November 5, 2018.
                                                                                                                                                                  the Pilot Program, see the SPXPM Approval Order
                                                 Pursuant to Section 19(b)(1) of the                         1 15 U.S.C. 78s(b)(1).                               and the P.M.-settled XSP Approval Order.
                                               Securities Exchange Act of 1934                               2 17 CFR 240.19b–4.                                     8 See Securities Exchange Act Release Nos. 71424
                                                                                                             3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                  (January 28, 2014), 79 FR 6249 (February 3, 2014)
                                                 18 17   CFR 200.30–3(a)(12).                                4 17 CFR 240.19b–4(f)(6).                                                                      Continued




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Document Created: 2018-11-09 03:33:59
Document Modified: 2018-11-09 03:33:59
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 56127 

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