83_FR_58879 83 FR 58655 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 406, Long-Term Option Contracts

83 FR 58655 - Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 406, Long-Term Option Contracts

SECURITIES AND EXCHANGE COMMISSION

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

Page Range58655-58657
FR Document2018-25236

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58655-58657]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25236]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84584; File No. SR-MIAX-2018-28]


Self-Regulatory Organizations; Miami International Securities 
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 406, Long-Term Option 
Contracts

November 14, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice 
is hereby given that on November 8, 2018, Miami International 
Securities Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') a proposed 
rule change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend MIAX Options Rule 406, Long-Term 
Option Contracts, to permit the listing and trading of up to ten (10) 
long-term expiration months for long term options on the SPDR[supreg] 
S&P 500[supreg] exchange-traded fund (``SPY'') in response to customer 
demand.\3\ Rule 406(a) currently provides that the Exchange may list 
long-term option contracts that expire from twelve (12) to thirty-nine 
(39) months from the time they are listed (``long-term expiration 
months'') until expiration. There may be up to six (6) long-term 
expiration months per option class.\4\ The proposal will add liquidity 
to the SPY options market by allowing market participants to hedge 
risks relating to SPY positions over a longer period with a known and 
limited cost.
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    \3\ In contrast to Rule 406(a), Exchange Rule 1809(b) which 
applies to index options permits the Exchange to list long-term 
index options series based on either the full or reduced value of 
the underlying index, adding up to ten (10) expiration months. The 
Exchange seeks to list ten (10) long-term expiration months on SPY, 
just as it now may list ten (10) expiration months on long-term 
index options series, in order to provide investors with a wider 
choice of investments.
    \4\ Strike price interval (Rule 404), bid/ask differential (Rule 
603(b)(4)) and continuous quoting (Rule 604(e)(2) and (3)) rules 
shall not apply to such options series until the time to expiration 
is less than nine (9) months.
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    The SPY options market today is characterized by its tremendous 
daily and annual liquidity. As a consequence the Exchange believes that 
the listing of additional SPY long-term expiration months would be well 
received by investors. This proposal to expand the number of permitted 
SPY long-term expiration months would not apply to long-term expiration 
months on any other class of options.\5\
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    \5\ Historically, SPY 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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    The Exchange proposes to implement the proposed rule change on 
November 16, 2018.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \6\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \7\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanisms of a free and open market and a national market system and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \8\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
---------------------------------------------------------------------------

    In particular, the proposed rule change offers market participants 
additional long-term expiration months on SPY options for their 
investment and risk management purposes. 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 future positions or off-exchange customized derivative 
instruments.

[[Page 58656]]

    Rule 406 has permitted up to six (6) long-term expiration months in 
option classes since the launch of the Exchange, in 2012. Other 
exchanges, such as Nasdaq PHLX LLC (``Phlx''), have permitted up to six 
``LEAPS'' since 1991, when it increased the number of permissible 
expiration months from four to six. As noted by Phlx (in its recent 
proposal to permit up to ten LEAPS expiration months for options on 
SPY), when the Commission approved the increase to six expiration 
months, the Commission stated that it did not believe that increasing 
the number of expiration months to six would cause, by itself, a 
proliferation of expiration months. The Commission also required that 
Phlx monitor the volume of additional options series listed as a result 
of the rule change, and the effect on Phlx's system capacity and 
quotation dissemination displays.\9\ MIAX Options believes that the 
addition today of four (4) additional long-term expiration months on 
SPY options likewise does not represent a proliferation of expiration 
months, but is instead a very modest expansion of long-term options in 
response to stated customer demand. Significantly, the proposal would 
feature new long-term 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 (10) 
expiration months are already permitted for long-term index options 
series. Further, the Exchange has the necessary systems capacity to 
support the new SPY long-term expiration months.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 84449 (October 18, 
2018), 83 FR 53699 (October 24, 2018) (SR-Phlx-2018-64). See also 
Securities Exchange Act Release No. 29103 (April 18, 1991), 56 FR 
19132 (April 25, 1991) (approving SR-Phlx-91-18).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX Options does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposal merely provides 
investors additional investment and risk management opportunities by 
providing flexibility to the Exchange to list additional long-term 
options expiration series, expanding the number of SPY long-term 
expiration months offered on the Exchange from six (6) long-term 
expiration months to ten (10) long-term expiration months.

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

    Written comments were neither solicited nor received.

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

    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 \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ 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 
based.\14\ The Exchange's proposal would conform the Exchange's rules 
relating to permitted number of long-term expiration months on SPY 
options 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.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See Securities Exchange Act Release No. 84449 (October 18, 
2018), 83 FR 53699 (October 24, 2018) (SR-Phlx-2018-64).
    \15\ 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-MIAX-2018-28 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-MIAX-2018-28. 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-MIAX-2018-28 and should

[[Page 58657]]

be submitted on or before December 11, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25236 Filed 11-19-18; 8:45 am]
 BILLING CODE 8011-01-P



                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                         58655

     Commission and any person, other than                   I. Self-Regulatory Organization’s                        longer period with a known and limited
     those that may be withheld from the                     Statement of the Terms of Substance of                   cost.
     public in accordance with the                           the Proposed Rule Change                                   The SPY options market today is
     provisions of 5 U.S.C. 552, will be                        The Exchange is filing a proposal to                  characterized by its tremendous daily
     available for website viewing and                       amend Rule 406, Long-Term Option                         and annual liquidity. As a consequence
     printing in the Commission’s Public                     Contracts.                                               the Exchange believes that the listing of
     Reference Room, 100 F Street NE,                           The text of the proposed rule change                  additional SPY long-term expiration
     Washington, DC 20549, on official                       is available on the Exchange’s website at                months would be well received by
     business days between the hours of                      http://www.miaxoptions.com/rule-                         investors. This proposal to expand the
     10:00 a.m. and 3:00 p.m. Copies of the                  filings/ at MIAX Options’ principal                      number of permitted SPY long-term
     filing also will be available for                       office, and at the Commission’s Public                   expiration months would not apply to
     inspection and copying at the principal                 Reference Room.                                          long-term expiration months on any
     office of the Exchange. All comments                                                                             other class of options.5
     received will be posted without change.                 II. Self-Regulatory Organization’s                         The Exchange proposes to implement
                                                             Statement of the Purpose of, and                         the proposed rule change on November
     Persons submitting comments are
                                                             Statutory Basis for, the Proposed Rule                   16, 2018.
     cautioned that we do not redact or edit
                                                             Change
     personal identifying information from                                                                            2. Statutory Basis
     comment submissions. You should                           In its filing with the Commission, the
                                                             Exchange included statements                                The Exchange believes that its
     submit only information that you wish                                                                            proposed rule change is consistent with
     to make available publicly. All                         concerning the purpose of and basis for
                                                             the proposed rule change and discussed                   Section 6(b) of the Act 6 in general, and
     submissions should refer to File                                                                                 furthers the objectives of Section 6(b)(5)
     Number SR–ISE–2018–90 and should be                     any comments it received on the
                                                             proposed rule change. The text of these                  of the Act 7 in particular, in that it is
     submitted on or before December 11,                                                                              designed to prevent fraudulent and
     2018.                                                   statements may be examined at the
                                                             places specified in Item IV below. The                   manipulative acts and practices, to
       For the Commission, by the Division of                Exchange has prepared summaries, set                     promote just and equitable principles of
     Trading and Markets, pursuant to delegated              forth in sections A, B, and C below, of                  trade, to foster cooperation and
     authority.32                                            the most significant aspects of such                     coordination with persons engaged in
     Eduardo A. Aleman,                                      statements.                                              facilitating transactions in securities, to
     Assistant Secretary.
                                                                                                                      remove impediments to and perfect the
                                                             A. Self-Regulatory Organization’s                        mechanisms of a free and open market
     [FR Doc. 2018–25240 Filed 11–19–18; 8:45 am]
                                                             Statement of the Purpose of, and                         and a national market system and, in
     BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule                   general, to protect investors and the
                                                             Change                                                   public interest. Additionally, the
                                                             1. Purpose                                               Exchange believes the proposed rule
     SECURITIES AND EXCHANGE                                                                                          change is consistent with the Section
     COMMISSION                                                 The Exchange proposes to amend                        6(b)(5) 8 requirement that the rules of an
                                                             MIAX Options Rule 406, Long-Term                         exchange not be designed to permit
     [Release No. 34–84584; File No. SR–MIAX–                Option Contracts, to permit the listing                  unfair discrimination between
     2018–28]                                                and trading of up to ten (10) long-term                  customers, issuers, brokers, or dealers.
                                                             expiration months for long term options                     In particular, the proposed rule
     Self-Regulatory Organizations; Miami                    on the SPDR® S&P 500® exchange-                          change offers market participants
     International Securities Exchange,                      traded fund (‘‘SPY’’) in response to                     additional long-term expiration months
     LLC; Notice of Filing and Immediate                     customer demand.3 Rule 406(a)                            on SPY options for their investment and
     Effectiveness of a Proposed Rule                        currently provides that the Exchange                     risk management purposes. The
     Change To Amend Exchange Rule 406,                      may list long-term option contracts that                 proposal is intended simply to provide
     Long-Term Option Contracts                              expire from twelve (12) to thirty-nine                   additional trading opportunities which
                                                             (39) months from the time they are                       have been requested by customers,
     November 14, 2018.                                      listed (‘‘long-term expiration months’’)                 thereby facilitating transactions in
        Pursuant to the provisions of Section                until expiration. There may be up to six                 options and contributing to the
     19(b)(1) of the Securities Exchange Act                 (6) long-term expiration months per                      protection of investors and the
     of 1934 (‘‘Act’’),1 and Rule 19b–4                      option class.4 The proposal will add                     maintenance of fair and orderly markets.
     thereunder,2 notice is hereby given that                liquidity to the SPY options market by                   The proposed rule change responds to
     on November 8, 2018, Miami                              allowing market participants to hedge                    the continuing needs of market
     International Securities Exchange, LLC                  risks relating to SPY positions over a                   participants, particularly portfolio
     (‘‘MIAX Options’’ or the ‘‘Exchange’’)                                                                           managers and other institutional
     filed with the Securities and Exchange
                                                                3 In contrast to Rule 406(a), Exchange Rule
                                                                                                                      customers, by providing protection from
                                                             1809(b) which applies to index options permits the       long-term market moves and by offering
     Commission (‘‘Commission’’) a                           Exchange to list long-term index options series
     proposed rule change as described in                    based on either the full or reduced value of the         an alternative to hedging portfolios with
     Items I and II below, which Items have                  underlying index, adding up to ten (10) expiration       future positions or off-exchange
     been prepared by the Exchange. The                      months. The Exchange seeks to list ten (10) long-        customized derivative instruments.
                                                             term expiration months on SPY, just as it now may
     Commission is publishing this notice to                 list ten (10) expiration months on long-term index
                                                                                                                         5 Historically, SPY is the largest and most actively
     solicit comments on the proposed rule                   options series, in order to provide investors with a
                                                             wider choice of investments.                             traded ETF in the United States as measured by its
     change from interested persons.                                                                                  assets under management and the value of shares
                                                                4 Strike price interval (Rule 404), bid/ask

                                                             differential (Rule 603(b)(4)) and continuous quoting     traded.
       32 17 CFR 200.30–3(a)(12).                                                                                        6 15 U.S.C. 78f(b).
                                                             (Rule 604(e)(2) and (3)) rules shall not apply to such
       1 15 U.S.C. 78s(b)(1).                                                                                            7 15 U.S.C. 78f(b)(5).
                                                             options series until the time to expiration is less
       2 17 CFR 240.19b–4.                                   than nine (9) months.                                       8 Id.




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     58656                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

       Rule 406 has permitted up to six (6)                  C. Self-Regulatory Organization’s                         Commission summarily may
     long-term expiration months in option                   Statement on Comments on the                              temporarily suspend such rule change if
     classes since the launch of the                         Proposed Rule Change Received From                        it appears to the Commission that such
     Exchange, in 2012. Other exchanges,                     Members, Participants, or Others                          action is necessary or appropriate in the
     such as Nasdaq PHLX LLC (‘‘Phlx’’),                       Written comments were neither                           public interest, for the protection of
     have permitted up to six ‘‘LEAPS’’ since                solicited nor received.                                   investors, or otherwise in furtherance of
     1991, when it increased the number of                                                                             the purposes of the Act.
                                                             III. Date of Effectiveness of the
     permissible expiration months from four                                                                           IV. Solicitation of Comments
                                                             Proposed Rule Change and Timing for
     to six. As noted by Phlx (in its recent                 Commission Action                                           Interested persons are invited to
     proposal to permit up to ten LEAPS                                                                                submit written data, views, and
     expiration months for options on SPY),                     Because the foregoing proposed rule
                                                             change does not: (i) Significantly affect                 arguments concerning the foregoing,
     when the Commission approved the                                                                                  including whether the proposed rule
     increase to six expiration months, the                  the protection of investors or the public
                                                             interest; (ii) impose any significant                     change is consistent with the Act.
     Commission stated that it did not                                                                                 Comments may be submitted by any of
                                                             burden on competition; and (iii) become
     believe that increasing the number of                                                                             the following methods:
                                                             operative for 30 days from the date on
     expiration months to six would cause,                   which it was filed, or such shorter time                  Electronic Comments
     by itself, a proliferation of expiration                as the Commission may designate, it has
     months. The Commission also required                                                                                • Use the Commission’s internet
                                                             become effective pursuant to Section
     that Phlx monitor the volume of                                                                                   comment form (http://www.sec.gov/
                                                             19(b)(3)(A) of the Act 10 and Rule 19b–
     additional options series listed as a                                                                             rules/sro.shtml); or
                                                             4(f)(6) thereunder.11                                       • Send an email to rule-comments@
     result of the rule change, and the effect                  A proposed rule change filed under
                                                                                                                       sec.gov. Please include File Number SR–
     on Phlx’s system capacity and quotation                 Rule 19b–4(f)(6) 12 normally does not
                                                                                                                       MIAX–2018–28 on the subject line.
     dissemination displays.9 MIAX Options                   become operative prior to 30 days after
     believes that the addition today of four                the date of the filing. However, pursuant                 Paper Comments
     (4) additional long-term expiration                     to Rule 19b4(f)(6)(iii),13 the Commission                    • Send paper comments in triplicate
     months on SPY options likewise does                     may designate a shorter time if such                      to Secretary, Securities and Exchange
     not represent a proliferation of                        action is consistent with the protection                  Commission, 100 F Street NE,
     expiration months, but is instead a very                of investors and the public interest. The                 Washington, DC 20549–1090.
     modest expansion of long-term options                   Exchange has asked the Commission to                      All submissions should refer to File
     in response to stated customer demand.                  waive the 30-day operative delay so that                  Number SR–MIAX–2018–28. This file
     Significantly, the proposal would                       the proposal may become operative on                      number should be included on the
                                                             November 16, 2018, to coincide with the                   subject line if email is used. To help the
     feature new long-term expiration
                                                             effective date of Phlx’s proposed rule                    Commission process and review your
     months in only a single class of options
                                                             change on which the proposal is                           comments more efficiently, please use
     that are very liquid and heavily traded,                based.14 The Exchange’s proposal
     as discussed above. Additionally, the                                                                             only one method. The Commission will
                                                             would conform the Exchange’s rules
     Exchange notes by way of precedent,                                                                               post all comments on the Commission’s
                                                             relating to permitted number of long-
     that ten (10) expiration months are                                                                               internet website (http://www.sec.gov/
                                                             term expiration months on SPY options
     already permitted for long-term index                                                                             rules/sro.shtml). Copies of the
                                                             to those of Phlx. Accordingly, the
     options series. Further, the Exchange                                                                             submission, all subsequent
                                                             Commission believes that the proposal
     has the necessary systems capacity to                                                                             amendments, all written statements
                                                             raises no new or novel regulatory issues
     support the new SPY long-term                                                                                     with respect to the proposed rule
                                                             and waiver of the 30-day operative
     expiration months.                                                                                                change that are filed with the
                                                             delay is consistent with the protection
                                                                                                                       Commission, and all written
                                                             of investors and the public interest. The
     B. Self-Regulatory Organization’s                       Commission therefore waives the 30-day                    communications relating to the
     Statement on Burden on Competition                      operative delay and designates the                        proposed rule change between the
                                                             proposal operative on November 16,                        Commission and any person, other than
       MIAX Options does not believe that                                                                              those that may be withheld from the
     the proposed rule change will impose                    2018.15
                                                                At any time within 60 days of the                      public in accordance with the
     any burden on competition that is not                                                                             provisions of 5 U.S.C. 552, will be
                                                             filing of the proposed rule change, the
     necessary or appropriate in furtherance                                                                           available for website viewing and
     of the purposes of the Act. The proposal                  10 15  U.S.C. 78s(b)(3)(A).                             printing in the Commission’s Public
     merely provides investors additional                      11 17  CFR 240.19b–4. In addition, Rule 19b–            Reference Room, 100 F Street NE,
     investment and risk management                          4(f)(6)(iii) requires a self-regulatory organization to   Washington, DC 20549, on official
     opportunities by providing flexibility to               give the Commission written notice of its intent to       business days between the hours of
                                                             file the proposed rule change, along with a brief
     the Exchange to list additional long-                   description and text of the proposed rule change,
                                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the
     term options expiration series,                         at least five business days prior to the date of filing   filing also will be available for
     expanding the number of SPY long-term                   of the proposed rule change, or such shorter time         inspection and copying at the principal
                                                             as designated by the Commission. The Exchange             office of the Exchange. All comments
     expiration months offered on the                        has satisfied this requirement.
     Exchange from six (6) long-term                            12 17 CFR 240.19b–4(f)(6).
                                                                                                                       received will be posted without change.
     expiration months to ten (10) long-term                    13 17 CFR 240.19b–4(f)(6)(iii).                        Persons submitting comments are
     expiration months.                                         14 See Securities Exchange Act Release No. 84449       cautioned that we do not redact or edit
                                                             (October 18, 2018), 83 FR 53699 (October 24, 2018)        personal identifying information from
       9 See Securities Exchange Act Release No. 84449
                                                             (SR–Phlx–2018–64).                                        comment submissions. You should
                                                                15 For purposes only of waiving the 30-day
     (October 18, 2018), 83 FR 53699 (October 24, 2018)
                                                                                                                       submit only information that you wish
                                                             operative delay, the Commission has also
     (SR–Phlx–2018–64). See also Securities Exchange         considered the proposed rule’s impact on
                                                                                                                       to make available publicly. All
     Act Release No. 29103 (April 18, 1991), 56 FR           efficiency, competition, and capital formation. See       submissions should refer to File
     19132 (April 25, 1991) (approving SR–Phlx–91–18).       15 U.S.C. 78c(f).                                         Number SR–MIAX–2018–28 and should


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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                      58657

     be submitted on or before December 11,                  Exchange has prepared summaries, set                  Rules 701(c)(3) and (4), and Rule
     2018.                                                   forth in sections A, B, and C below, of               702(d)(4).5
       For the Commission, by the Division of                the most significant aspects of such                     The Exchange also proposes to amend
     Trading and Markets, pursuant to delegated              statements.                                           Rule 804(e) by deleting the introductory
     authority.16                                                                                                  sentence: ‘‘A market maker must enter
                                                             A. Self-Regulatory Organization’s                     continuous quotations for the options
     Eduardo A. Aleman,                                      Statement of the Purpose of, and
     Assistant Secretary.                                                                                          classes to which it is appointed
                                                             Statutory Basis for, the Proposed Rule                pursuant to the following.’’ The
     [FR Doc. 2018–25236 Filed 11–19–18; 8:45 am]            Change                                                Exchange proposes to specifically detail
     BILLING CODE 8011–01–P
                                                             1. Purpose                                            a Market Maker’s quoting obligations in
                                                                The purpose of the proposed rule                   new rule text within paragraph (e) and
     SECURITIES AND EXCHANGE                                 change is to amend Rule 804(e) to                     therefore believes that the deleted
     COMMISSION                                              provide greater detail regarding the                  language is not necessary given that the
                                                             quoting obligations of Market Makers                  following sentences will replace this
     [Release No. 34–84581; File No. SR–GEMX–                                                                      language, as described below.
     2018–37]                                                and the manner in which they are
                                                                                                                      The Exchange proposes to add new
                                                             calculated, and to restructure the
                                                                                                                   rule text to Rule 804(e). The first new
     Self-Regulatory Organizations; Nasdaq                   current rules to conform to rule text
                                                                                                                   sentence will provide, similar to Phlx
     GEMX, LLC; Notice of Filing and                         used on its affiliated options market,
                                                                                                                   Rule 1081(c): ‘‘A market maker must
     Immediate Effectiveness of Proposed                     Nasdaq Phlx (‘‘Phlx’’).3 The Exchange
                                                                                                                   enter bids and offers for the options to
     Rule Change To Amend Its Rules                          seeks to make conforming changes to
                                                                                                                   which it is appointed, except in an
     Related to Market Maker Quoting                         Rule 804(e) to promote structural
                                                                                                                   assigned options series listed intra-day 6
     Obligations                                             consistency of the Exchange’s rules with
                                                                                                                   on the Exchange.’’ The Exchange
                                                             those of its affiliated options markets,
     November 14, 2018.                                                                                            believes this sentence is clearer than the
                                                             and to allow its members to quickly
        Pursuant to Section 19(b)(1) of the                                                                        current Rule 804(e) because it excepts
                                                             compare quoting obligations across the
     Securities Exchange Act of 1934                                                                               intra-day quotes. The Exchange notes
                                                             Nasdaq, Inc. affiliated options markets.4
     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                       that this is the case today, where a
                                                             The Exchange notes that it is generally
     notice is hereby given that on October                                                                        Market Maker is not held to quote an
                                                             including additional detail in its rules
     30, 2018, Nasdaq GEMX, LLC (‘‘GEMX’’                                                                          intra-day add of a series because the
                                                             on the existing obligations and process
     or ‘‘Exchange’’) filed with the Securities                                                                    options series was not available for
                                                             using the same format as Phlx Rule
     and Exchange Commission                                                                                       trading the entire day. The Exchange is
                                                             1081(c). Other than one modification to
     (‘‘Commission’’) the proposed rule                                                                            adding this exception to the rule text to
                                                             allow the Exchange to announce in
     change as described in Items I, II, and                                                                       make clear that Market Makers would
                                                             advance a higher percentage of quoting
     III, below, which Items have been                                                                             not be responsible for quoting an intra-
                                                             compliance standards as further
     prepared by the Exchange. The                                                                                 day addition on the day it was added.
                                                             described below, no changes to the
     Commission is publishing this notice to                                                                       The Exchange does not count intra-day
                                                             current practice or to the current
     solicit comments on the proposed rule                                                                         adds of a series that were not available
                                                             quoting obligations are being
     change from interested persons.                                                                               for the entire day of trading because the
                                                             contemplated by this rule change.
                                                                                                                   Market Maker would not have the
                                                             Accordingly, to the extent there are
     I. Self-Regulatory Organization’s                                                                             opportunity to trade that particular
                                                             other differences between the proposed
     Statement of the Terms of Substance of                                                                        options series for the entire trading day,
                                                             rule text and the current language, the
     the Proposed Rule Change                                                                                      and therefore could not have anticipated
                                                             Exchange is in those cases either
        The Exchange proposes to amend its                                                                         the impact such intra-day adds would
                                                             conforming to Phlx Rule 1081(c) or
     rules related to Market Maker (i.e.,                                                                          have on the calculation of its quoting
                                                             codifying current practice explicitly
     Primary Market Maker and Competitive                                                                          obligations.
                                                             within the proposed rule, as further
     Market Maker) quoting obligations.                                                                               The Exchange also proposes to note
                                                             discussed below.
        The text of the proposed rule change                                                                       within the new rule text the specific
     is available on the Exchange’s website at               Rule 804(e)                                           quoting obligations for each type of
     http://nasdaqgemx.cchwallstreet.com/,                      The Exchange first proposes to                     Market Maker by adding: ‘‘On a daily
     at the principal office of the Exchange,                remove the word ‘‘continuous’’ from the               basis, a Market Maker must make
     and at the Commission’s Public                          title of Rule 804(e) and retitle the Rule             markets consistent with the applicable
     Reference Room.                                         as ‘‘Intra-day Quotes.’’ The Exchange is              quoting requirements specified below.’’
                                                             replacing the word ‘‘continuous’’ with                The Exchange proposes to note within
     II. Self-Regulatory Organization’s                                                                            the new rule text the specific quoting
                                                             ‘‘intra-day’’ because the Exchange notes
     Statement of the Purpose of, and
                                                             that Market Makers quote a percentage
     Statutory Basis for, the Proposed Rule                                                                           5 The Exchange notes that as part of a parallel ISE
                                                             of the day and therefore the word
     Change                                                                                                        filing that also proposes to amend the quoting
                                                             ‘‘continuous’’ may not accurately reflect             obligations, ISE proposes to replace the word
        In its filing with the Commission, the               the manner in which Market Makers                     ‘‘continuous’’ with ‘‘intra-day’’ within ISE Rule
     Exchange included statements                            quote on GEMX. The Exchange also                      1614(b)(10). ISE Chapter 16, including ISE Rule
     concerning the purpose of and basis for                 proposes related changes to replace the               1614, is incorporated by reference into the
                                                                                                                   Exchange’s Rulebook. As such, the proposed
     the proposed rule change and discussed                  word ‘‘continuous’’ with ‘‘intra-day’’                amendment to ISE Rule 1614 will also apply to
     any comments it received on the                         within the Rulebook, specifically in                  GEMX Rule 1614. See SR–ISE–2018–90.
     proposed rule change. The text of these                                                                          6 An intra-day listing or add of a series means, for

     statements may be examined at the                         3 See Phlx Rule 1081(c). See also Securities        purposes of this Rule 804(e), as an option series that
     places specified in Item IV below. The                  Exchange Act Release No. 83209 (May 10, 2018), 83     is added manually on the same day the series
                                                             FR 22717 (May 16, 2018) (SR–Phlx–2018–22) (order      begins trading. The Exchange notes that an intra-
                                                             granting approval of proposed rule change to amend    day add of a series would be counted the following
       16 17 CFR 200.30–3(a)(12).                            Phlx’s quoting requirements, among other changes).    trading day (next business day after the intra-day
       1 15 U.S.C. 78s(b)(1).                                  4 Nasdaq ISE, LLC (‘‘ISE’’) and Nasdaq MRX, LLC     add of a series was listed) when the options series
       2 17 CFR 240.19b–4.                                   will file similar proposals.                          would be available for a full trading day.



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Document Created: 2018-11-20 07:59:05
Document Modified: 2018-11-20 07:59:05
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 58655 

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