83_FR_58864 83 FR 58640 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter IV, Securities Traded on NOM, Section 8, Long-Term Options Contracts

83 FR 58640 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter IV, Securities Traded on NOM, Section 8, Long-Term Options Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range58640-58642
FR Document2018-25244

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58640-58642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25244]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84588; File No. SR-NASDAQ-2018-088]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Chapter IV, Securities Traded on NOM, Section 8, Long-Term 
Options Contracts

November 14, 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 November 7, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``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.
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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 IV, Securities Traded on 
NOM, Section 8, Long-Term Options Contracts.
    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 IV, Securities 
Traded on NOM, Section 8, Long-Term Options Contracts, in order (i) to 
clarify the number of long-term option contract (``LEAPS'') expiration 
months that may be listed on the Exchange on underlying securities 
under the current rule, and (ii) to expand the number of LEAPS 
expiration months that may be listed in options on the SPDR[supreg] S&P 
500[supreg] exchange-traded fund (the ``SPY ETF'') in particular.
Clarification of the Number of Permitted Expiration Months
    Pursuant to current Chapter IV, Section 8, the Exchange may list 
LEAPS that expire from twelve (12) to thirty-nine (39) months from the 
time they are listed. The rule provides that there may be up to six (6) 
additional expiration months. Because the rule does not specify which 
expiration months the six months are in addition to, and thus is 
ambiguous, the Exchange proposes to delete the word ``additional.'' As 
amended, the rule would clearly and simply provide that the Exchange 
may list six expiration months having from twelve up to thirty-nine 
months from the time they are listed until expiration. This aspect of 
the proposed rule change is based upon Nasdaq PHLX, LLC (``Phlx'') Rule 
1012, Series of Options Open for Trading, subsection (a)(i)(D).\3\
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    \3\ See Securities Exchange Act Release No. 80769 (May 25, 
2017), 82 FR 25472 (June 1, 2017) (SR-Phlx-2017-41).
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Additional Expiration Months in SPY ETF LEAPS
    The Exchange proposes to further amend Chapter IV, Section 8, to 
permit up to ten LEAPS expiration months for options on the SPY ETF in 
response to customer demand.\4\ The proposal will add liquidity to the 
SPY ETF options market by allowing market participants to hedge risks 
relating to SPY ETF option positions over a longer time period with a 
known and limited cost. This aspect of the proposed rule change is also 
based upon Phlx Rule 1012, Series of Options Open for Trading, 
subsection (a)(i)(D), as recently amended.\5\
---------------------------------------------------------------------------

    \4\ Chapter XIV, Index Rules, Section 11, Terms of Index Options 
Contracts, subsection (b)(1)(i) currently permits the Exchange to 
list up to ten (10) expiration months in long term index options.
    \5\ See Securities Exchange Act Release No. 84449 (October 18, 
2018), 83 FR 53699 (October 24, 2018) (SR-Phlx-2018-64).
---------------------------------------------------------------------------

    The SPY ETF options market today is characterized by its tremendous 
daily and annual liquidity. As a consequence the Exchange believes that 
the listing of additional SPY ETF LEAPS expiration months would be well 
received by investors. This proposal to expand the number of permitted 
SPY ETF LEAPS expiration months would not apply to LEAPS on any other 
security.\6\
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    \6\ Historically, SPY ETF is the largest and most actively 
traded ETF in the United States as measured by its assets under 
management and the value of shares traded.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\8\ in particular, in that it is designed to 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. 
First, as noted above, the proposal protects investors and the public 
interest by clarifying ambiguous rule language associated with 
permitted listings of long term options. Second, the proposal

[[Page 58641]]

would permit the Exchange to offer market participants additional LEAPS 
on SPY ETF options for their investment and risk management purposes. 
This aspect of the proposal is intended simply to provide additional 
trading opportunities which have been requested by customers, thereby 
facilitating transactions in options and contributing to the protection 
of investors and the maintenance of fair and orderly markets. The 
proposed rule change responds to the continuing needs of market 
participants, particularly portfolio managers and other institutional 
customers, by providing protection from long-term market moves and by 
offering an alternative to hedging portfolios with futures positions or 
off-exchange customized derivative instruments. The Exchange believes 
that the addition today of four additional expiration months for SPY 
ETF LEAPS does not represent a proliferation of expiration months, but 
is instead a very modest expansion of LEAPS in response to stated 
customer demand. Significantly, the proposal would feature new LEAPS 
expiration months in only a single class of options that are very 
liquid and heavily traded, as discussed above. Additionally, the 
Exchange notes by way of precedent that ten expiration months are 
already permitted for stock index LEAPS. Further, the Exchange has the 
necessary systems capacity to support the [sic]
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 eliminating ambiguity 
in the current rules regarding the number of permitted expiration 
months in LEAPS generally. Additionally, the proposal merely provides 
investors additional investment and risk management opportunities by 
providing flexibility to the Exchange to list additional LEAPS 
expiration series, expanding the number of SPY ETF LEAPS offered on the 
Exchange from six expiration months to ten expiration months.

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

    Because the foregoing 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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4. In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative on November 16, 2018, to coincide with the 
effective date of Phlx's proposed rule change on which the proposal is 
partially based.\13\ The Exchange's proposal would clarify ambiguous 
rule text and would conform the Exchange's rules relating to permitted 
number of SPY ETF LEAPS expirations to those of Phlx. Accordingly, the 
Commission believes that the proposal raises no new or novel regulatory 
issues and waiver of the 30-day operative delay is consistent with the 
protection of investors and the public interest. The Commission 
therefore waives the 30-day operative delay and designates the proposal 
operative on November 16, 2018.\14\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ See supra note 5.
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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.

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-2018-088 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-NASDAQ-2018-088. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NASDAQ-2018-088 and should be submitted 
on or before December 11, 2018.


[[Page 58642]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25244 Filed 11-19-18; 8:45 am]
 BILLING CODE 8011-01-P



     58640                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     rules/sro.shtml). Copies of the                         by the Exchange. The Commission is                    simply provide that the Exchange may
     submission, all subsequent                              publishing this notice to solicit                     list six expiration months having from
     amendments, all written statements                      comments on the proposed rule change                  twelve up to thirty-nine months from
     with respect to the proposed rule                       from interested persons.                              the time they are listed until expiration.
     change that are filed with the                                                                                This aspect of the proposed rule change
                                                             I. Self-Regulatory Organization’s
     Commission, and all written                                                                                   is based upon Nasdaq PHLX, LLC
                                                             Statement of the Terms of Substance of
     communications relating to the                                                                                (‘‘Phlx’’) Rule 1012, Series of Options
                                                             the Proposed Rule Change
     proposed rule change between the                                                                              Open for Trading, subsection (a)(i)(D).3
     Commission and any person, other than                      The Exchange proposes to amend
     those that may be withheld from the                     Chapter IV, Securities Traded on NOM,                 Additional Expiration Months in SPY
     public in accordance with the                           Section 8, Long-Term Options                          ETF LEAPS
     provisions of 5 U.S.C. 552, will be                     Contracts.                                               The Exchange proposes to further
     available for website viewing and                          The text of the proposed rule change               amend Chapter IV, Section 8, to permit
     printing in the Commission’s Public                     is available on the Exchange’s website at             up to ten LEAPS expiration months for
     Reference Room, 100 F Street NE,                        http://nasdaq.cchwallstreet.com, at the               options on the SPY ETF in response to
     Washington, DC 20549 on official                        principal office of the Exchange, and at              customer demand.4 The proposal will
     business days between the hours of                      the Commission’s Public Reference                     add liquidity to the SPY ETF options
     10:00 a.m. and 3:00 p.m. Copies of the                  Room.                                                 market by allowing market participants
     filing also will be available for                       II. Self-Regulatory Organization’s                    to hedge risks relating to SPY ETF
     inspection and copying at the principal                 Statement of the Purpose of, and                      option positions over a longer time
     office of the Exchange. All comments                    Statutory Basis for, the Proposed Rule                period with a known and limited cost.
     received will be posted without change.                 Change                                                This aspect of the proposed rule change
     Persons submitting comments are                                                                               is also based upon Phlx Rule 1012,
     cautioned that we do not redact or edit                    In its filing with the Commission, the
                                                                                                                   Series of Options Open for Trading,
     personal identifying information from                   Exchange included statements
                                                             concerning the purpose of and basis for               subsection (a)(i)(D), as recently
     comment submissions. You should                                                                               amended.5
     submit only information that you wish                   the proposed rule change and discussed
                                                             any comments it received on the                          The SPY ETF options market today is
     to make available publicly. All                                                                               characterized by its tremendous daily
     submissions should refer to File                        proposed rule change. The text of these
                                                             statements may be examined at the                     and annual liquidity. As a consequence
     Number SR–NYSE–2018–53 and should                                                                             the Exchange believes that the listing of
     be submitted on or before December 11,                  places specified in Item IV below. The
                                                             Exchange has prepared summaries, set                  additional SPY ETF LEAPS expiration
     2018.                                                                                                         months would be well received by
                                                             forth in sections A, B, and C below, of
       For the Commission, by the Division of                the most significant aspects of such                  investors. This proposal to expand the
     Trading and Markets, pursuant to delegated
                                                             statements.                                           number of permitted SPY ETF LEAPS
     authority.11                                                                                                  expiration months would not apply to
     Eduardo A. Aleman,                                      A. Self-Regulatory Organization’s                     LEAPS on any other security.6
     Assistant Secretary.                                    Statement of the Purpose of, and
                                                             Statutory Basis for, the Proposed Rule                2. Statutory Basis
     [FR Doc. 2018–25235 Filed 11–19–18; 8:45 am]
     BILLING CODE 8011–01–P
                                                             Change                                                   The Exchange believes that its
                                                             1. Purpose                                            proposal is consistent with Section 6(b)
                                                                                                                   of the Act,7 in general, and furthers the
     SECURITIES AND EXCHANGE                                    The Exchange proposes to amend its                 objectives of Section 6(b)(5) of the Act,8
     COMMISSION                                              rules at Chapter IV, Securities Traded                in particular, in that it is designed to
                                                             on NOM, Section 8, Long-Term Options                  promote just and equitable principles of
     [Release No. 34–84588; File No. SR–                     Contracts, in order (i) to clarify the
     NASDAQ–2018–088]                                                                                              trade, to remove impediments to and
                                                             number of long-term option contract                   perfect the mechanism of a free and
                                                             (‘‘LEAPS’’) expiration months that may                open market and a national market
     Self-Regulatory Organizations; The
                                                             be listed on the Exchange on underlying               system, and, in general to protect
     Nasdaq Stock Market LLC; Notice of
                                                             securities under the current rule, and                investors and the public interest. First,
     Filing and Immediate Effectiveness of
                                                             (ii) to expand the number of LEAPS                    as noted above, the proposal protects
     Proposed Rule Change To Amend
                                                             expiration months that may be listed in               investors and the public interest by
     Chapter IV, Securities Traded on NOM,
                                                             options on the SPDR® S&P 500®                         clarifying ambiguous rule language
     Section 8, Long-Term Options
                                                             exchange-traded fund (the ‘‘SPY ETF’’)                associated with permitted listings of
     Contracts
                                                             in particular.                                        long term options. Second, the proposal
     November 14, 2018.                                      Clarification of the Number of Permitted
        Pursuant to Section 19(b)(1) of the                  Expiration Months                                       3 See Securities Exchange Act Release No. 80769

     Securities Exchange Act of 1934                                                                               (May 25, 2017), 82 FR 25472 (June 1, 2017) (SR–
     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    Pursuant to current Chapter IV,                    Phlx–2017–41).
     notice is hereby given that on November                 Section 8, the Exchange may list LEAPS                  4 Chapter XIV, Index Rules, Section 11, Terms of

                                                             that expire from twelve (12) to thirty-               Index Options Contracts, subsection (b)(1)(i)
     7, 2018, The Nasdaq Stock Market LLC                                                                          currently permits the Exchange to list up to ten (10)
     (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             nine (39) months from the time they are               expiration months in long term index options.
     Securities and Exchange Commission                      listed. The rule provides that there may                5 See Securities Exchange Act Release No. 84449

     (‘‘Commission’’) the proposed rule                      be up to six (6) additional expiration                (October 18, 2018), 83 FR 53699 (October 24, 2018)
     change as described in Items I and II                   months. Because the rule does not                     (SR–Phlx–2018–64).
                                                                                                                     6 Historically, SPY ETF is the largest and most
     below, which Items have been prepared                   specify which expiration months the six
                                                                                                                   actively traded ETF in the United States as
                                                             months are in addition to, and thus is                measured by its assets under management and the
       11 17 CFR 200.30–3(a)(12).                            ambiguous, the Exchange proposes to                   value of shares traded.
       1 15 U.S.C. 78s(b)(1).                                delete the word ‘‘additional.’’ As                      7 15 U.S.C. 78f(b).
       2 17 CFR 240.19b–4.                                   amended, the rule would clearly and                     8 15 U.S.C. 78f(b)(5).




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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                               58641

     would permit the Exchange to offer                      III. Date of Effectiveness of the                         IV. Solicitation of Comments
     market participants additional LEAPS                    Proposed Rule Change and Timing for
     on SPY ETF options for their investment                 Commission Action                                           Interested persons are invited to
     and risk management purposes. This                                                                                submit written data, views, and
     aspect of the proposal is intended                         Because the foregoing proposed rule                    arguments concerning the foregoing,
     simply to provide additional trading                    change does not: (i) Significantly affect                 including whether the proposed rule
     opportunities which have been                           the protection of investors or the public                 change is consistent with the Act.
     requested by customers, thereby                         interest; (ii) impose any significant                     Comments may be submitted by any of
     facilitating transactions in options and                burden on competition; and (iii) become                   the following methods:
     contributing to the protection of                       operative for 30 days from the date on
     investors and the maintenance of fair                   which it was filed, or such shorter time                  Electronic Comments
     and orderly markets. The proposed rule                  as the Commission may designate, it has
                                                             become effective pursuant to Section                        • Use the Commission’s internet
     change responds to the continuing                                                                                 comment form (http://www.sec.gov/
     needs of market participants,                           19(b)(3)(A) of the Act 9 and Rule 19b–
                                                             4(f)(6) thereunder.10                                     rules/sro.shtml); or
     particularly portfolio managers and
     other institutional customers, by                          A proposed rule change filed under                       • Send an email to rule-comments@
     providing protection from long-term                     Rule 19b–4(f)(6) 11 normally does not                     sec.gov. Please include File Number SR–
     market moves and by offering an                         become operative prior to 30 days after                   NASDAQ–2018–088 on the subject line.
     alternative to hedging portfolios with                  the date of the filing. However, pursuant
                                                                                                                       Paper Comments
     futures positions or off-exchange                       to Rule 19b4(f)(6)(iii),12 the Commission
     customized derivative instruments. The                  may designate a shorter time if such                        • Send paper comments in triplicate
     Exchange believes that the addition                     action is consistent with the protection                  to Secretary, Securities and Exchange
     today of four additional expiration                     of investors and the public interest. The                 Commission, 100 F Street NE,
     months for SPY ETF LEAPS does not                       Exchange has asked the Commission to                      Washington, DC 20549–1090.
     represent a proliferation of expiration                 waive the 30-day operative delay so that
     months, but is instead a very modest                    the proposal may become operative on                      All submissions should refer to File
     expansion of LEAPS in response to                       November 16, 2018, to coincide with the                   Number SR–NASDAQ–2018–088. This
     stated customer demand. Significantly,                  effective date of Phlx’s proposed rule                    file number should be included on the
     the proposal would feature new LEAPS                    change on which the proposal is                           subject line if email is used. To help the
     expiration months in only a single class                partially based.13 The Exchange’s                         Commission process and review your
     of options that are very liquid and                     proposal would clarify ambiguous rule                     comments more efficiently, please use
     heavily traded, as discussed above.                     text and would conform the Exchange’s                     only one method. The Commission will
     Additionally, the Exchange notes by                     rules relating to permitted number of                     post all comments on the Commission’s
     way of precedent that ten expiration                    SPY ETF LEAPS expirations to those of                     internet website (http://www.sec.gov/
     months are already permitted for stock                  Phlx. Accordingly, the Commission                         rules/sro.shtml). Copies of the
     index LEAPS. Further, the Exchange has                  believes that the proposal raises no new                  submission, all subsequent
     the necessary systems capacity to                       or novel regulatory issues and waiver of                  amendments, all written statements
     support the [sic]                                       the 30-day operative delay is consistent                  with respect to the proposed rule
     B. Self-Regulatory Organization’s                       with the protection of investors and the                  change that are filed with the
     Statement on Burden on Competition                      public interest. The Commission                           Commission, and all written
                                                             therefore waives the 30-day operative
       The Exchange does not believe that                                                                              communications relating to the
                                                             delay and designates the proposal
     the proposed rule change will impose                                                                              proposed rule change between the
                                                             operative on November 16, 2018.14
     any burden on competition not                                                                                     Commission and any person, other than
     necessary or appropriate in furtherance                    At any time within 60 days of the                      those that may be withheld from the
     of the purposes of the Act. On the                      filing of the proposed rule change, the                   public in accordance with the
     contrary, the Exchange believes that the                Commission summarily may
                                                                                                                       provisions of 5 U.S.C. 552, will be
     proposed amendment will benefit                         temporarily suspend such rule change if
                                                                                                                       available for website viewing and
     investors, market participants, and the                 it appears to the Commission that such
                                                             action is necessary or appropriate in the                 printing in the Commission’s Public
     marketplace in general by eliminating                                                                             Reference Room, 100 F Street NE,
     ambiguity in the current rules regarding                public interest, for the protection of
                                                             investors, or otherwise in furtherance of                 Washington, DC 20549, on official
     the number of permitted expiration                                                                                business days between the hours of
     months in LEAPS generally.                              the purposes of the Act.
                                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the
     Additionally, the proposal merely                                                                                 filing also will be available for
                                                               9 15  U.S.C. 78s(b)(3)(A).
     provides investors additional                             10 17                                                   inspection and copying at the principal
                                                                      CFR 240.19b–4. In addition, Rule 19b–
     investment and risk management                          4(f)(6)(iii) requires a self-regulatory organization to   office of the Exchange. All comments
     opportunities by providing flexibility to               give the Commission written notice of its intent to       received will be posted without change.
     the Exchange to list additional LEAPS                   file the proposed rule change, along with a brief
                                                             description and text of the proposed rule change,         Persons submitting comments are
     expiration series, expanding the number
     of SPY ETF LEAPS offered on the                         at least five business days prior to the date of filing   cautioned that we do not redact or edit
                                                             of the proposed rule change, or such shorter time         personal identifying information from
     Exchange from six expiration months to                  as designated by the Commission. The Exchange
     ten expiration months.                                  has satisfied this requirement.                           comment submissions. You should
                                                                11 17 CFR 240.19b–4(f)(6).                             submit only information that you wish
     C. Self-Regulatory Organization’s                          12 17 CFR 240.19b–4(f)(6)(iii).                        to make available publicly. All
     Statement on Comments on the                               13 See supra note 5.
                                                                                                                       submissions should refer to File
     Proposed Rule Change Received From                         14 For purposes only of waiving the 30-day
                                                                                                                       Number SR–NASDAQ–2018–088 and
     Members, Participants, or Others                        operative delay, the Commission has also
                                                                                                                       should be submitted on or before
                                                             considered the proposed rule’s impact on
       No written comments were either                       efficiency, competition, and capital formation. See       December 11, 2018.
     solicited or received.                                  15 U.S.C. 78c(f).



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     58642                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

       For the Commission, by the Division of                statements may be examined at the                      strategy orders in the appropriate SPY
     Trading and Markets, pursuant to delegated              places specified in Item IV below. The                 option series during the SPIKES Special
     authority.15                                            Exchange has prepared summaries, set                   Settlement Auction on the SPIKES
     Eduardo A. Aleman,                                      forth in sections A, B, and C below, of                expiration/final settlement date. Given
     Assistant Secretary.                                    the most significant aspects of such                   that SAOs are designed for the special
     [FR Doc. 2018–25244 Filed 11–19–18; 8:45 am]            statements.                                            purpose of closing a hedged position
     BILLING CODE 8011–01–P                                                                                         and are available for use only during the
                                                             A. Self-Regulatory Organization’s
                                                                                                                    SPIKES Special Settlement Auction, the
                                                             Statement of the Purpose of, and
                                                                                                                    Exchange proposes to amend its rules to
     SECURITIES AND EXCHANGE                                 Statutory Basis for, the Proposed Rule
                                                                                                                    remove SAO Orders from certain risk
     COMMISSION                                              Change
                                                                                                                    protection features offered by the
     [Release No. 34–84594; File No. SR–MIAX–                1. Purpose                                             Exchange.
     2018–34]                                                   On June 28, 2018, the Exchange filed                   Specifically, the Exchange proposes to
                                                             with the Securities and Exchange                       amend Exchange Rule 519, MIAX Order
     Self-Regulatory Organizations: Notice                   Commission (‘‘SEC’’) a proposal to list                Monitor. The MIAX Order Monitor is a
     of Filing of a Proposed Rule Change by                  and trade on the Exchange, options on                  risk management feature of the
     Miami International Securities                          the SPIKESTM Index, a new index that                   Exchange’s System.6 Pursuant to
     Exchange, LLC To Amend Exchange                         measures expected 30-day volatility of                 paragraph (a) of the Rule, the MIAX
     Rule 519, MIAX Order Monitor;                           the SPDR S&P 500 ETF Trust.3 To                        Order Monitor provides an order price
     Exchange Rule 519A, Risk Protection                     establish the settlement value for the                 protection for Market Orders to Sell,7
     Monitor; and Rule 517, Quote Types                      Index, a settlement auction named the                  Market Orders to Buy or Sell,8 and Limit
     Defined                                                 SPIKES Special Settlement Auction will                 Orders to Buy or Sell,9 in order to avoid
                                                             be conducted once per month, on the                    the occurrence of potential obvious or
     November 14, 2018.                                                                                             catastrophic errors on the Exchange.
        Pursuant to the provisions of Section                day the settlement value for the Index
                                                             is to be calculated. During the SPIKES                 The MIAX Order Monitor will prevent
     19(b)(1) of the Securities Exchange Act                                                                        certain orders from executing or being
     of 1934 (‘‘Act’’) 1 and Rule 19b–4                      Special Settlement Auction, in addition
                                                             to any order types that may regularly be               placed on the Book 10 at prices outside
     thereunder,2 notice is hereby given that                                                                       pre-set standard limits.11 The MIAX
     on November 9, 2018, Miami                              accepted by the Exchange, the Exchange
                                                             will also accept settlement auction only               Order Monitor will also cause the
     International Securities Exchange, LLC                                                                         System to prevent certain orders from
     (‘‘MIAX Options’’ or ‘‘Exchange’’) filed                orders (‘‘SAO Orders’’) and settlement
                                                             auction only eQuotes (‘‘SAO eQuotes’’).                executing or being placed on the Book
     with the Securities and Exchange                                                                               if the size of the order exceeds the order
     Commission (‘‘Commission’’) a                           (SAO Orders and SAO eQuotes are
                                                             collectively referred to as ‘‘SAOs’’).4                size protection designated by the
     proposed rule change as described in                                                                           Member.12 The MIAX Order Monitor
     Items I and II below, which Items have                  SAOs are specific order types that allow
                                                             a Member 5 to voluntarily tag such an                  will also cause the System to reject any
     been prepared by the Exchange. The                                                                             orders that exceed the maximum
     Commission is publishing this notice to                 order as a SPIKES strategy order.
                                                                The Exchange anticipates that market                number of open orders held in the
     solicit comments on the proposed rule                                                                          System on behalf of a particular
                                                             participants that actively trade SPIKES
     change from interested persons.                                                                                Member, as designated by the
                                                             options may hedge their positions with
     I. Self-Regulatory Organization’s                       SPY option series that will also be used               Member.13 The MIAX Order Monitor
     Statement of the Terms of Substance of                  to calculate the SPIKES exercise                       will also cause the System to reject any
     the Proposed Rule Change                                settlement/final settlement value.                     orders that exceed the maximum
                                                             Market participants holding hedged                     number of open contracts represented
        The Exchange is filing a proposal to                                                                        by orders held in the System on behalf
     amend Exchange Rule 519, MIAX Order                     SPIKES options positions may trade out
                                                             of their SPY option series on the                      of a particular Member, as designated by
     Monitor; Exchange Rule 519A, Risk                                                                              the Member.14
     Protection Monitor; and Rule 517, Quote                 relevant SPIKES expiration/final
                                                             settlement date. Specifically, market                     The Exchange now proposes to amend
     Types Defined.                                                                                                 Exchange Rule 519, Interpretations and
        The text of the proposed rule change                 participants holding short, hedged
                                                             SPIKES options could liquidate that                    Policies, to adopt new subsection .03, to
     is available on the Exchange’s website at                                                                      provide that the order protections of the
     http://www.miaxoptions.com/rule-                        hedge by selling their SPY options
                                                             series, while traders holding long,                    MIAX Order Monitor pursuant to
     filings/ at MIAX Options’ principal                                                                            sections (b) (c) and (d) will not apply to
     office, and at the Commission’s Public                  hedged SPIKES options could liquidate
                                                             their hedge by buying SPY option series.               Settlement Auction Only Orders (SAO
     Reference Room.                                                                                                Orders), as defined in Interpretations
                                                             In order to seek convergence with the
     II. Self-Regulatory Organization’s                      SPIKE exercise/final settlement value,                 and Policies .03 of Exchange Rule 503.
     Statement of the Purpose of, and                        these market participants may liquidate                The Exchange does not believe that an
     Statutory Basis for, the Proposed Rule                  their hedges by submitting SPIKES                         6 The term ‘‘System’’ means the automated
     Change
                                                                                                                    trading system used by the Exchange for the trading
                                                               3 See Securities Exchange Act Release No. 84417
       In its filing with the Commission, the                                                                       of securities. See Exchange Rule 100.
                                                             (October 12, 2018), 83 FR 52865 (October 18, 2018)        7 See Exchange Rule 519(a)(1).
     Exchange included statements                            (SR–MIAX–2018–14) (Order Granting Approval of a           8 See Exchange Rule 519(a)(2).
     concerning the purpose of and basis for                 Proposed Rule Change by Miami International               9 See Exchange Rule 519(a)(3).
     the proposed rule change and discussed                  Securities Exchange, LLC to List and Trade Options
                                                                                                                       10 The term ‘‘Book’’ means the electronic book of
     any comments it received on the                         on the SPIKESTM Index).
                                                               4 Id.                                                buy and sell orders and quotes maintained by the
     proposed rule change. The text of these                   5 The term ‘‘Member’’ means an individual or         System. See Exchange Rule 100.
                                                                                                                       11 See Exchange Rule 519(a).
                                                             organization approved to exercise the trading rights
       15 17 CFR 200.30–3(a)(12).                                                                                      12 See Exchange Rule 519(b).
                                                             associate with a Trading Permit. Members are
       1 15 U.S.C. 78s(b)(1).                                                                                          13 See Exchange Rule 519(c).
                                                             deemed ‘‘members’’ under the Exchange Act. See
       2 17 CFR 240.19b–4.                                   Exchange Rule 100.                                        14 See Exchange Rule 519(d).




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Document Created: 2018-11-20 07:59:54
Document Modified: 2018-11-20 07:59:54
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 58640 

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