83_FR_7282 83 FR 7248 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program

83 FR 7248 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Expand the Short Term Option Series Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range7248-7251
FR Document2018-03309

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7248-7251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03309]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82700; File No. SR-ISE-2018-13]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Expand the Short 
Term Option Series Program

February 13, 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 February 7, 2018, Nasdaq ISE, LLC (``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in

[[Page 7249]]

Items I and II below, which Items have been prepared by the Exchange. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to expand the Short Term Option Series 
Program to allow Monday expirations for options listed pursuant to the 
Short Term Option Series Program, including options on the SPDR S&P 500 
ETF Trust.
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.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 Rule 100(a)(51) and Rule 504, 
Supplementary Material .02 to expand the Short Term Option Series 
program (``Program'') to permit the listing and trading of options 
series with Monday expirations that are listed pursuant to the Program, 
including options on the SPDR S&P 500 ETF Trust (``SPY'').
    The Exchange notes that having Monday expirations is not a novel 
proposal. Specifically, Nasdaq PHLX LLC (``Phlx'') recently received 
approval to list Monday expirations for SPY options pursuant to its 
Short Terms Options Series program.\3\
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    \3\ See Securities Exchange Act Release No. 82611 (February 1, 
2018), 83 FR 5473 (February 7, 2018) (SR-Phlx-2017-103).
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    As set forth in Rule 100(a)(51), a Short Term Option Series is a 
series in an option class that is approved for listing and trading on 
the Exchange in which the series is opened for trading on any Tuesday, 
Wednesday, Thursday or Friday that is a business day and that expires 
on the Wednesday or Friday of the next business week that is a business 
day. The Exchange is now proposing to amend Rule 100(a)(51) to permit 
the listing of options series that expire on Mondays. Specifically, the 
Exchange is proposing that it may open for trading series of options on 
any Monday that is a business day and that expires on the Monday of the 
next business week that is a business day. The Exchange is also 
proposing to list Monday expirations series on Fridays that precede the 
expiration Monday by one business week plus one business day. Since 
Rule 100(a)(51) already provides for the listing of short term option 
series on Fridays, the Exchange is not modifying this provision to 
allow for Friday listing of Monday expiration series. However, the 
Exchange is amending Rule 100(a)(51) to clarify that, in the case of a 
series that is listed on a Friday and expires on a Monday, that series 
must be listed one business week and one business day prior to that 
expiration (i.e., two Fridays prior to expiration).
    As part of this proposal, the Exchange is also amending Rule 
100(a)(51) to address the expiration of Monday expiration series when 
the Monday is not a business day. In that case, the rule will provide 
that the series shall expire on the first business day immediately 
following that Monday. This procedure differs from the expiration date 
of Wednesday expiration series that are scheduled to expire on a 
holiday. In that case, the Wednesday expiration series shall expire on 
the first business day immediately prior to that Wednesday, e.g., 
Tuesday of that week.\4\ However, the Exchange believes that it is 
preferable to require Monday expiration series in this scenario to 
expire on the Tuesday of that week rather than the previous business 
day, e.g., the previous Friday, since the Tuesday is closer in time to 
the scheduled expiration date of the series than the previous Friday, 
and therefore may be more representative of anticipated market 
conditions. The Exchange notes that this provision is identical to the 
corresponding provision recently adopted by Phlx in its proposal to 
list options series with Monday expirations pursuant to its Short Term 
Option Series program. The Exchange also notes that Cboe Exchange, Inc. 
(``Cboe'') uses the same procedure for options on the S&P 500 index 
(``SPX'') with Monday expirations that listed pursuant to its 
Nonstandard Expirations Pilot Program and that are scheduled to expire 
on a holiday.\5\
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    \4\ See Rule 100(a)(51).
    \5\ See CBOE Rule 24.9(e)(1) (``If the Exchange is not open for 
business on a respective Monday, the normally Monday expiring Weekly 
Expirations will expire on the following business day. If the 
Exchange is not open for business on a respective Wednesday or 
Friday, the normally Wednesday or Friday expiring Weekly Expirations 
will expire on the previous business day.'').
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    The Exchange also proposes to make corresponding changes to 
Supplementary Material .02 to Rule 504, which sets forth the 
requirements for SPY options that are listed pursuant to the Program, 
to permit Monday SPY expirations (``Monday SPY Expirations''). 
Accordingly, the Exchange proposes to amend Supplementary Material .02 
to state that, with respect to Monday SPY Expirations, the Exchange may 
open for trading on any Friday or Monday that is a business day series 
of options on the SPY to expire on any Monday of the month that is a 
business day and is not a Monday in which Quarterly Options Series 
expire, provided that Monday SPY Expirations that are listed on a 
Friday must be listed at least one business week and one business day 
prior to the expiration. As with the current rules for Wednesday SPY 
Expirations, the Exchange will also amend Supplementary Material .02 to 
state that Monday SPY Expirations will not be included in the total of 
the Short Term Option Expiration Dates. Relatedly, the Exchange 
proposes to amend Supplementary Material .02 to provide that it may 
list up to five consecutive Monday SPY Expirations at one time, and may 
have no more than a total of five Monday SPY Expirations (in addition 
to a maximum of five Short Term Option Series expirations for SPY 
expiring on Friday and five Wednesday SPY Expirations). The Exchange 
will also clarify that, as with Wednesday SPY Expirations, Monday SPY 
Expirations will be subject to the provisions of this Rule.
    The interval between strike prices for the proposed Monday SPY 
Expirations will be the same as those for the current Short Term Option 
Series for Wednesday and Friday SPY Expirations. Specifically, the 
Monday SPY Expirations will have a $0.50 strike interval minimum. As is 
the case with other options series listed pursuant to the Short Term 
Option Series, the Monday SPY Expiration series will be P.M.-settled.
    Currently, for each option class eligible for participation in the 
Program, the Exchange is limited to opening thirty (30) series for each 
expiration date for the specific class. The thirty (30)

[[Page 7250]]

series restriction does not include series that are open by other 
securities exchanges under their respective short term option rules; 
the Exchange may list these additional series that are listed by other 
exchanges.\6\ This thirty (30) series restriction shall apply to Monday 
SPY Expiration series as well. In addition, the Exchange will be able 
to list series that are listed by other exchanges, assuming they file 
similar rules with the Commission to list SPY options expiring on 
Mondays.
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    \6\ See Supplementary Material .02(a) to Rule 504.
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    Finally, the Exchange is amending Commentary .02(b) to Rule 504 
which addresses the listing of Short Term Options Series that expire in 
the same week as monthly or quarterly options series. Currently, that 
rule states that no Short Term Option Series may expire in the same 
week in which monthly option series on the same class expire (with the 
exception of Wednesday SPY Expirations) or, in the case of Quarterly 
Options Series, on an expiration that coincides with an expiration of 
Quarterly Option Series on the same class. The Exchange is proposing to 
extend this exemption to Monday SPY Expirations. As with Wednesday SPY 
Expirations, the Exchange believes that it is reasonable to extend this 
exemption to Monday SPY Expirations because Monday SPY Expirations and 
standard monthly options will not expire on the same trading day, as 
standard monthly options expire on Fridays. Additionally, the Exchange 
believes that not listing Monday SPY Expirations for one week every 
month because there was a monthly SPY expiration on the Friday of that 
week would create investor confusion. For this reason, the Exchange is 
amending Commentary .02(b) to Rule 504 to clarify that Monday and 
Wednesday SPY Expirations may expire in the same week as monthly option 
series in the same class expire, but that no Short Term Option Series 
may expire on the same day as an expiration of Quarterly Option Series 
on the same class.
    The Exchange does not believe that any market disruptions will be 
encountered with the introduction of P.M.-settled Monday expirations. 
The Exchange has the necessary capacity and surveillance programs in 
place to support and properly monitor trading in the proposed Monday 
expiration series, including Monday SPY Expirations. The Exchange 
currently trades P.M.-settled Short Term Option Series that expire 
almost every Wednesday and Friday, which provide market participants a 
tool to hedge special events and to reduce the premium cost of buying 
protection. The Exchange notes that it has been listing Wednesday 
expirations pursuant to Rule 100 and Rule 504 since 2016.\7\ With the 
exception of Monday expiration series that are scheduled to expire on a 
holiday, the Exchange does not believe that there are any material 
differences between Monday expirations and Wednesday or Friday 
expirations for Short Term Option Series.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 78715 (August 29, 
2016), 81 FR 60765 (September 2, 2016) (SR-ISE-2016-18).
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    The Exchange seeks to introduce Monday expirations to, among other 
things, expand hedging tools available to market participants and to 
continue the reduction of the premium cost of buying protection. The 
Exchange believes that Monday expirations, similar to Wednesday and 
Friday expirations, will allow market participants to purchase an 
option based on their timing as needed and allow them to tailor their 
investment and hedging needs more effectively.
    As noted above, Phlx recently received approval to list Monday 
expirations for SPY options pursuant to its Short Terms Options 
program. In addition, other exchanges currently permit Monday 
expirations for other options. For example, Cboe lists options on the 
SPX with a Monday expiration as part of its Nonstandard Expirations 
Pilot Program.\8\
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    \8\ See CBOE Rule 24.9(e)(1) (``The Exchange may open for 
trading Weekly Expirations on any broad-based index eligible for 
standard options trading to expire on any Monday, Wednesday, or 
Friday (other than the third Friday-of-the-month or days that 
coincide with an EOM expiration).'').
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes the Short Term Option Series 
Program has been successful to date and that Monday expirations, 
including Monday SPY Expirations, simply expand the ability of 
investors to hedge risk against market movements stemming from economic 
releases or market events that occur throughout the month in the same 
way that the Short Term Option Series Program has expanded the 
landscape of hedging. Similarly, the Exchange believes Monday 
expirations, including Monday SPY Expirations, should create greater 
trading and hedging opportunities and flexibility, and will provide 
customers with the ability to tailor their investment objectives more 
effectively. As noted above, Phlx recently received approval to list 
Monday expirations for SPY options pursuant to its Short Terms Options 
program. In addition, Cboe currently permits Monday expirations for 
other options with a weekly expiration, such as options on the SPX.
    With the exception of Monday expiration series that are scheduled 
to expire on a holiday, the Exchange does not believe that there are 
any material differences between Monday expirations, including Monday 
SPY expirations, and Wednesday or Friday expirations, including 
Wednesday and Friday SPY Expirations, for Short Term Option Series. The 
Exchange notes that it has been listing Wednesday expirations pursuant 
to Rule 100 and Rule 504 since 2016. The Exchange believes that it is 
consistent with the Act to treat Monday expiration series that expire 
on a holiday differently than Wednesday or Friday expiration series, 
since the proposed treatment for Monday expiration series will result 
in an expiration date that is closer in time to the scheduled 
expiration date of the series, and therefore may be more representative 
of anticipated market conditions. The Exchange also notes that Cboe 
uses the same procedure for SPX options with Monday expirations that 
are listed pursuant to its Nonstandard Expirations Pilot Program and 
that are scheduled to expire on a holiday.
    Given the similarities between Monday SPY Expiration series and 
Wednesday and Friday SPY Expiration series, the Exchange believes that 
applying the provisions in Commentary .02 to Rule 504 that currently 
apply to Wednesday SPY Expirations to Monday SPY Expirations is 
justified. For example, the Exchange believes that allowing Monday SPY 
Expirations and monthly SPY expirations in the same week will benefit 
investors and minimize investor confusion by providing Monday SPY 
Expirations in a continuous and uniform manner. The Exchange also 
believes that is appropriate to amend Commentary .02(b) to Rule 504 to 
clarify that no Short Term Option Series may expire on the same day as 
an expiration of Quarterly Option Series on the same class. This change 
will make that provision more consistent with the existing language in 
Commentary .02 that prohibits Wednesday SPY Expirations from expiring 
on a

[[Page 7251]]

Wednesday in which Quarterly Options Series expire.
    Finally, the Exchange represents that it has an adequate 
surveillance program in place to detect manipulative trading in Monday 
expirations, including Monday SPY Expirations, in the same way that it 
monitors trading in the current Short Term Option Series. The Exchange 
also represents that it has the necessary systems capacity to support 
the new options series.

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. The Exchange notes that having 
Monday expirations is not a novel proposal, as Phlx has received 
approval to list Monday expirations for SPY options, and Cboe currently 
lists and trades short-term SPX options with a Monday expiration. The 
Exchange does not believe the proposal will impose any burden on intra-
market competition, as all market participants will be treated in the 
same manner under this proposal. Additionally, the Exchange does not 
believe the proposal will impose any burden on inter-market 
competition, as nothing prevents the other options exchanges from 
proposing similar rules to list and trade short-term options series 
with Monday expirations.

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, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\11\ and Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intention to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days from the date of filing. However, Rule 
19b-4(f)(6)(iii) \13\ permits the Commission to 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 
immediately upon filing. The Commission notes that it recently approved 
Phlx's substantially similar proposal to list and trade Monday SPY 
Expirations.\14\ The Exchange has stated that waiver of the operative 
delay will allow the Exchange to list and trade Monday SPY Expirations 
as soon as possible, and therefore, promote competition among the 
option exchanges. For these reasons, the Commission believes that the 
proposed rule change presents no novel issues and that waiver of the 
30-day operative delay is consistent with the protection of investors 
and the public interest, and will allow the Exchange to remain 
competitive with other exchanges. Therefore, the Commission hereby 
waives the 30-day operative delay and designates the proposal effective 
upon filing.\15\ 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. If 
the Commission takes such action, the Commission shall institute 
proceedings to determine whether the proposed rule should be approved 
or disapproved.
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See supra note 3.
    \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).
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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-ISE-2018-13 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street, NE, 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2018-13. 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-ISE-2018-13 and should be submitted on 
or before March 13, 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. 2018-03309 Filed 2-16-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                7248                          Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

                                                B. Self-Regulatory Organization’s                         immediately upon filing. The                          comments more efficiently, please use
                                                Statement on Burden on Competition                        Commission notes that it recently                     only one method. The Commission will
                                                   The Exchange does not believe that                     approved Phlx’s substantially similar                 post all comments on the Commission’s
                                                the proposed rule change will impose                      proposal to list and trade Monday SPY                 internet website (http://www.sec.gov/
                                                any burden on competition not                             Expirations.14 The Exchange has stated                rules/sro.shtml). Copies of the
                                                necessary or appropriate in furtherance                   that waiver of the operative delay will               submission, all subsequent
                                                of the purposes of the Act. The                           allow the Exchange to list and trade                  amendments, all written statements
                                                Exchange notes that having Monday                         Monday SPY Expirations as soon as                     with respect to the proposed rule
                                                expirations is not a novel proposal, as                   possible, and therefore, promote                      change that are filed with the
                                                Phlx has received approval to list                        competition among the option                          Commission, and all written
                                                Monday expirations for SPY options,                       exchanges. For these reasons, the                     communications relating to the
                                                and Cboe currently lists and trades                       Commission believes that the proposed                 proposed rule change between the
                                                short-term SPX options with a Monday                      rule change presents no novel issues                  Commission and any person, other than
                                                                                                          and that waiver of the 30-day operative               those that may be withheld from the
                                                expiration. The Exchange does not
                                                                                                          delay is consistent with the protection               public in accordance with the
                                                believe the proposal will impose any
                                                                                                          of investors and the public interest, and             provisions of 5 U.S.C. 552, will be
                                                burden on intra-market competition, as
                                                                                                          will allow the Exchange to remain                     available for website viewing and
                                                all market participants will be treated in
                                                                                                          competitive with other exchanges.                     printing in the Commission’s Public
                                                the same manner under this proposal.
                                                                                                          Therefore, the Commission hereby                      Reference Room, 100 F Street NE,
                                                Additionally, the Exchange does not
                                                                                                          waives the 30-day operative delay and                 Washington, DC 20549, on official
                                                believe the proposal will impose any
                                                                                                          designates the proposal effective upon                business days between the hours of
                                                burden on inter-market competition, as
                                                                                                          filing.15                                             10:00 a.m. and 3:00 p.m. Copies of the
                                                nothing prevents the other options                           At any time within 60 days of the                  filing also will be available for
                                                exchanges from proposing similar rules                    filing of the proposed rule change, the               inspection and copying at the principal
                                                to list and trade short-term options                      Commission summarily may                              office of the Exchange. All comments
                                                series with Monday expirations.                           temporarily suspend such rule change if               received will be posted without change.
                                                C. Self-Regulatory Organization’s                         it appears to the Commission that such                Persons submitting comments are
                                                Statement on Comments on the                              action is necessary or appropriate in the             cautioned that we do not redact or edit
                                                Proposed Rule Change Received From                        public interest, for the protection of                personal identifying information from
                                                Members, Participants, or Others                          investors, or otherwise in furtherance of             comment submissions. You should
                                                  No written comments were either                         the purposes of the Act. If the                       submit only information that you wish
                                                solicited or received.                                    Commission takes such action, the                     to make available publicly. All
                                                                                                          Commission shall institute proceedings                submissions should refer to File
                                                III. Date of Effectiveness of the                         to determine whether the proposed rule                Number SR–BX–2018–008 and should
                                                Proposed Rule Change and Timing for                       should be approved or disapproved.                    be submitted on or before March 13,
                                                Commission Action                                                                                               2018.
                                                                                                          IV. Solicitation of Comments
                                                   Because the foregoing proposed rule                                                                            For the Commission, by the Division of
                                                change does not: (i) Significantly affect                   Interested persons are invited to                   Trading and Markets, pursuant to delegated
                                                the protection of investors or the public                 submit written data, views, and                       authority.16
                                                interest; (ii) impose any significant                     arguments concerning the foregoing,                   Eduardo A. Aleman,
                                                burden on competition; and (iii) become                   including whether the proposed rule                   Assistant Secretary.
                                                operative for 30 days from the date on                    change is consistent with the Act.                    [FR Doc. 2018–03312 Filed 2–16–18; 8:45 am]
                                                which it was filed, or such shorter time                  Comments may be submitted by any of
                                                                                                                                                                BILLING CODE 8011–01–P
                                                as the Commission may designate, the                      the following methods:
                                                proposed rule change has become                           Electronic Comments
                                                effective pursuant to Section                                                                                   SECURITIES AND EXCHANGE
                                                                                                            • Use the Commission’s internet
                                                19(b)(3)(A)(iii) of the Act 11 and Rule                                                                         COMMISSION
                                                                                                          comment form (http://www.sec.gov/
                                                19b–4(f)(6) thereunder.12                                 rules/sro.shtml); or                                  [Release No. 34–82700; File No. SR–ISE–
                                                   A proposed rule change filed under                       • Send an email to rule-comments@                   2018–13]
                                                Rule 19b–4(f)(6) normally does not                        sec.gov. Please include File Number SR–
                                                become operative for 30 days from the                     BX–2018–008 on the subject line.                      Self-Regulatory Organizations; Nasdaq
                                                date of filing. However, Rule 19b–                                                                              ISE, LLC; Notice of Filing and
                                                4(f)(6)(iii) 13 permits the Commission to                 Paper Comments                                        Immediate Effectiveness of Proposed
                                                designate a shorter time if such action                     • Send paper comments in triplicate                 Rule Change To Expand the Short
                                                is consistent with the protection of                      to Secretary, Securities and Exchange                 Term Option Series Program
                                                investors and the public interest. The                    Commission, 100 F Street NE,
                                                Exchange has asked the Commission to                                                                            February 13, 2018.
                                                                                                          Washington, DC 20549–1090.
                                                waive the 30-day operative delay so that                                                                           Pursuant to Section 19(b)(1) of the
                                                                                                          All submissions should refer to File                  Securities Exchange Act of 1934
                                                the proposal may become operative                         Number SR–BX–2018–008. This file                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          number should be included on the                      notice is hereby given that, on February
                                                  11 15  U.S.C. 78s(b)(3)(A).
                                                                                                          subject line if email is used. To help the
sradovich on DSK3GMQ082PROD with NOTICES




                                                  12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                            7, 2018, Nasdaq ISE, LLC (‘‘Exchange’’)
                                                4(f)(6) requires a self-regulatory organization to give   Commission process and review your                    filed with the Securities and Exchange
                                                the Commission written notice of its intention to                                                               Commission (‘‘Commission’’) the
                                                file the proposed rule change at least five business        14 See supra note 3.
                                                days prior to the date of filing of the proposed rule       15 For
                                                                                                                                                                proposed rule change as described in
                                                                                                                   purposes only of waiving the 30-day
                                                change, or such shorter time as designated by the         operative delay, the Commission has also
                                                                                                                                                                  16 17 CFR 200.30–3(a)(12).
                                                Commission. The Exchange has satisfied this               considered the proposed rule’s impact on
                                                requirement.                                              efficiency, competition, and capital formation. See     1 15 U.S.C. 78s(b)(1).
                                                   13 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




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                                                                            Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices                                                     7249

                                                Items I and II below, which Items have                  the series is opened for trading on any                Pilot Program and that are scheduled to
                                                been prepared by the Exchange. The                      Tuesday, Wednesday, Thursday or                        expire on a holiday.5
                                                Commission is publishing this notice to                 Friday that is a business day and that                    The Exchange also proposes to make
                                                solicit comments on the proposed rule                   expires on the Wednesday or Friday of                  corresponding changes to
                                                change from interested persons.                         the next business week that is a                       Supplementary Material .02 to Rule 504,
                                                                                                        business day. The Exchange is now                      which sets forth the requirements for
                                                I. Self-Regulatory Organization’s                                                                              SPY options that are listed pursuant to
                                                                                                        proposing to amend Rule 100(a)(51) to
                                                Statement of the Terms of Substance of                                                                         the Program, to permit Monday SPY
                                                                                                        permit the listing of options series that
                                                the Proposed Rule Change                                expire on Mondays. Specifically, the                   expirations (‘‘Monday SPY
                                                   The Exchange proposes to expand the                  Exchange is proposing that it may open                 Expirations’’). Accordingly, the
                                                Short Term Option Series Program to                     for trading series of options on any                   Exchange proposes to amend
                                                allow Monday expirations for options                    Monday that is a business day and that                 Supplementary Material .02 to state
                                                listed pursuant to the Short Term                       expires on the Monday of the next                      that, with respect to Monday SPY
                                                Option Series Program, including                        business week that is a business day.                  Expirations, the Exchange may open for
                                                options on the SPDR S&P 500 ETF                         The Exchange is also proposing to list                 trading on any Friday or Monday that is
                                                Trust.                                                  Monday expirations series on Fridays                   a business day series of options on the
                                                   The text of the proposed rule change                 that precede the expiration Monday by                  SPY to expire on any Monday of the
                                                is available on the Exchange’s website at               one business week plus one business                    month that is a business day and is not
                                                http://ise.cchwallstreet.com/, at the                   day. Since Rule 100(a)(51) already                     a Monday in which Quarterly Options
                                                principal office of the Exchange, and at                provides for the listing of short term                 Series expire, provided that Monday
                                                the Commission’s Public Reference                       option series on Fridays, the Exchange                 SPY Expirations that are listed on a
                                                Room.                                                   is not modifying this provision to allow               Friday must be listed at least one
                                                II. Self-Regulatory Organization’s                      for Friday listing of Monday expiration                business week and one business day
                                                Statement of the Purpose of, and                        series. However, the Exchange is                       prior to the expiration. As with the
                                                Statutory Basis for, the Proposed Rule                  amending Rule 100(a)(51) to clarify that,              current rules for Wednesday SPY
                                                Change                                                  in the case of a series that is listed on              Expirations, the Exchange will also
                                                                                                        a Friday and expires on a Monday, that                 amend Supplementary Material .02 to
                                                   In its filing with the Commission, the               series must be listed one business week                state that Monday SPY Expirations will
                                                Exchange included statements                            and one business day prior to that                     not be included in the total of the Short
                                                concerning the purpose of and basis for                 expiration (i.e., two Fridays prior to                 Term Option Expiration Dates.
                                                the proposed rule change and discussed                  expiration).                                           Relatedly, the Exchange proposes to
                                                any comments it received on the                            As part of this proposal, the Exchange              amend Supplementary Material .02 to
                                                proposed rule change. The text of these                 is also amending Rule 100(a)(51) to                    provide that it may list up to five
                                                statements may be examined at the                       address the expiration of Monday                       consecutive Monday SPY Expirations at
                                                places specified in Item IV below. The                  expiration series when the Monday is                   one time, and may have no more than
                                                Exchange has prepared summaries, set                    not a business day. In that case, the rule             a total of five Monday SPY Expirations
                                                forth in sections A, B, and C below, of                 will provide that the series shall expire              (in addition to a maximum of five Short
                                                the most significant aspects of such                    on the first business day immediately                  Term Option Series expirations for SPY
                                                statements.                                             following that Monday. This procedure                  expiring on Friday and five Wednesday
                                                                                                        differs from the expiration date of                    SPY Expirations). The Exchange will
                                                A. Self-Regulatory Organization’s
                                                                                                        Wednesday expiration series that are                   also clarify that, as with Wednesday
                                                Statement of the Purpose of, and
                                                                                                        scheduled to expire on a holiday. In that              SPY Expirations, Monday SPY
                                                Statutory Basis for, the Proposed Rule
                                                                                                        case, the Wednesday expiration series                  Expirations will be subject to the
                                                Change
                                                                                                        shall expire on the first business day                 provisions of this Rule.
                                                1. Purpose                                              immediately prior to that Wednesday,                      The interval between strike prices for
                                                   The Exchange proposes to amend                       e.g., Tuesday of that week.4 However,                  the proposed Monday SPY Expirations
                                                Rule 100(a)(51) and Rule 504,                           the Exchange believes that it is                       will be the same as those for the current
                                                Supplementary Material .02 to expand                    preferable to require Monday expiration                Short Term Option Series for
                                                the Short Term Option Series program                    series in this scenario to expire on the               Wednesday and Friday SPY Expirations.
                                                (‘‘Program’’) to permit the listing and                 Tuesday of that week rather than the                   Specifically, the Monday SPY
                                                trading of options series with Monday                   previous business day, e.g., the previous              Expirations will have a $0.50 strike
                                                expirations that are listed pursuant to                 Friday, since the Tuesday is closer in                 interval minimum. As is the case with
                                                the Program, including options on the                   time to the scheduled expiration date of               other options series listed pursuant to
                                                SPDR S&P 500 ETF Trust (‘‘SPY’’).                       the series than the previous Friday, and               the Short Term Option Series, the
                                                   The Exchange notes that having                       therefore may be more representative of                Monday SPY Expiration series will be
                                                Monday expirations is not a novel                       anticipated market conditions. The                     P.M.-settled.
                                                proposal. Specifically, Nasdaq PHLX                     Exchange notes that this provision is                     Currently, for each option class
                                                LLC (‘‘Phlx’’) recently received approval               identical to the corresponding provision               eligible for participation in the Program,
                                                to list Monday expirations for SPY                      recently adopted by Phlx in its proposal               the Exchange is limited to opening
                                                options pursuant to its Short Terms                     to list options series with Monday                     thirty (30) series for each expiration date
                                                Options Series program.3                                expirations pursuant to its Short Term                 for the specific class. The thirty (30)
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                                                   As set forth in Rule 100(a)(51), a Short             Option Series program. The Exchange
                                                Term Option Series is a series in an                    also notes that Cboe Exchange, Inc.                      5 See CBOE Rule 24.9(e)(1) (‘‘If the Exchange is

                                                option class that is approved for listing               (‘‘Cboe’’) uses the same procedure for                 not open for business on a respective Monday, the
                                                and trading on the Exchange in which                    options on the S&P 500 index (‘‘SPX’’)                 normally Monday expiring Weekly Expirations will
                                                                                                        with Monday expirations that listed                    expire on the following business day. If the
                                                                                                                                                               Exchange is not open for business on a respective
                                                  3 See Securities Exchange Act Release No. 82611       pursuant to its Nonstandard Expirations                Wednesday or Friday, the normally Wednesday or
                                                (February 1, 2018), 83 FR 5473 (February 7, 2018)                                                              Friday expiring Weekly Expirations will expire on
                                                (SR–Phlx–2017–103).                                       4 See   Rule 100(a)(51).                             the previous business day.’’).



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                                                7250                          Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

                                                series restriction does not include series                protection. The Exchange notes that it                 Monday SPY Expirations, should create
                                                that are open by other securities                         has been listing Wednesday expirations                 greater trading and hedging
                                                exchanges under their respective short                    pursuant to Rule 100 and Rule 504 since                opportunities and flexibility, and will
                                                term option rules; the Exchange may list                  2016.7 With the exception of Monday                    provide customers with the ability to
                                                these additional series that are listed by                expiration series that are scheduled to                tailor their investment objectives more
                                                other exchanges.6 This thirty (30) series                 expire on a holiday, the Exchange does                 effectively. As noted above, Phlx
                                                restriction shall apply to Monday SPY                     not believe that there are any material                recently received approval to list
                                                Expiration series as well. In addition,                   differences between Monday expirations                 Monday expirations for SPY options
                                                the Exchange will be able to list series                  and Wednesday or Friday expirations                    pursuant to its Short Terms Options
                                                that are listed by other exchanges,                       for Short Term Option Series.                          program. In addition, Cboe currently
                                                assuming they file similar rules with the                    The Exchange seeks to introduce                     permits Monday expirations for other
                                                Commission to list SPY options expiring                   Monday expirations to, among other                     options with a weekly expiration, such
                                                on Mondays.                                               things, expand hedging tools available                 as options on the SPX.
                                                   Finally, the Exchange is amending                      to market participants and to continue                    With the exception of Monday
                                                Commentary .02(b) to Rule 504 which                       the reduction of the premium cost of                   expiration series that are scheduled to
                                                addresses the listing of Short Term                       buying protection. The Exchange                        expire on a holiday, the Exchange does
                                                Options Series that expire in the same                    believes that Monday expirations,                      not believe that there are any material
                                                week as monthly or quarterly options                      similar to Wednesday and Friday                        differences between Monday
                                                series. Currently, that rule states that no               expirations, will allow market                         expirations, including Monday SPY
                                                Short Term Option Series may expire in                    participants to purchase an option based               expirations, and Wednesday or Friday
                                                the same week in which monthly option                     on their timing as needed and allow                    expirations, including Wednesday and
                                                series on the same class expire (with the                 them to tailor their investment and                    Friday SPY Expirations, for Short Term
                                                exception of Wednesday SPY                                hedging needs more effectively.                        Option Series. The Exchange notes that
                                                Expirations) or, in the case of Quarterly                    As noted above, Phlx recently                       it has been listing Wednesday
                                                Options Series, on an expiration that                     received approval to list Monday                       expirations pursuant to Rule 100 and
                                                coincides with an expiration of                           expirations for SPY options pursuant to                Rule 504 since 2016. The Exchange
                                                Quarterly Option Series on the same                       its Short Terms Options program. In                    believes that it is consistent with the
                                                class. The Exchange is proposing to                       addition, other exchanges currently                    Act to treat Monday expiration series
                                                extend this exemption to Monday SPY                       permit Monday expirations for other                    that expire on a holiday differently than
                                                Expirations. As with Wednesday SPY                        options. For example, Cboe lists options               Wednesday or Friday expiration series,
                                                Expirations, the Exchange believes that                   on the SPX with a Monday expiration as                 since the proposed treatment for
                                                it is reasonable to extend this exemption                 part of its Nonstandard Expirations Pilot              Monday expiration series will result in
                                                to Monday SPY Expirations because                         Program.8                                              an expiration date that is closer in time
                                                Monday SPY Expirations and standard                       2. Statutory Basis                                     to the scheduled expiration date of the
                                                monthly options will not expire on the                                                                           series, and therefore may be more
                                                same trading day, as standard monthly                        The Exchange believes that its                      representative of anticipated market
                                                options expire on Fridays. Additionally,                  proposal is consistent with Section 6(b)               conditions. The Exchange also notes
                                                the Exchange believes that not listing                    of the Act,9 in general, and furthers the              that Cboe uses the same procedure for
                                                Monday SPY Expirations for one week                       objectives of Section 6(b)(5) of the Act,10            SPX options with Monday expirations
                                                every month because there was a                           in particular, in that it is designed to               that are listed pursuant to its
                                                monthly SPY expiration on the Friday                      promote just and equitable principles of               Nonstandard Expirations Pilot Program
                                                of that week would create investor                        trade, to remove impediments to and                    and that are scheduled to expire on a
                                                confusion. For this reason, the Exchange                  perfect the mechanism of a free and                    holiday.
                                                is amending Commentary .02(b) to Rule                     open market and a national market                         Given the similarities between
                                                504 to clarify that Monday and                            system, and, in general to protect                     Monday SPY Expiration series and
                                                Wednesday SPY Expirations may expire                      investors and the public interest.                     Wednesday and Friday SPY Expiration
                                                in the same week as monthly option                           In particular, the Exchange believes                series, the Exchange believes that
                                                series in the same class expire, but that                 the Short Term Option Series Program                   applying the provisions in Commentary
                                                no Short Term Option Series may expire                    has been successful to date and that                   .02 to Rule 504 that currently apply to
                                                on the same day as an expiration of                       Monday expirations, including Monday                   Wednesday SPY Expirations to Monday
                                                Quarterly Option Series on the same                       SPY Expirations, simply expand the                     SPY Expirations is justified. For
                                                class.                                                    ability of investors to hedge risk against             example, the Exchange believes that
                                                   The Exchange does not believe that                     market movements stemming from                         allowing Monday SPY Expirations and
                                                any market disruptions will be                            economic releases or market events that                monthly SPY expirations in the same
                                                encountered with the introduction of                      occur throughout the month in the same                 week will benefit investors and
                                                P.M.-settled Monday expirations. The                      way that the Short Term Option Series                  minimize investor confusion by
                                                Exchange has the necessary capacity                       Program has expanded the landscape of                  providing Monday SPY Expirations in a
                                                and surveillance programs in place to                     hedging. Similarly, the Exchange                       continuous and uniform manner. The
                                                support and properly monitor trading in                   believes Monday expirations, including                 Exchange also believes that is
                                                the proposed Monday expiration series,                                                                           appropriate to amend Commentary
                                                                                                            7 See Securities Exchange Act Release No. 78715
                                                including Monday SPY Expirations. The                                                                            .02(b) to Rule 504 to clarify that no
                                                                                                          (August 29, 2016), 81 FR 60765 (September 2, 2016)
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                                                Exchange currently trades P.M.-settled                    (SR–ISE–2016–18).                                      Short Term Option Series may expire on
                                                Short Term Option Series that expire                        8 See CBOE Rule 24.9(e)(1) (‘‘The Exchange may       the same day as an expiration of
                                                almost every Wednesday and Friday,                        open for trading Weekly Expirations on any broad-      Quarterly Option Series on the same
                                                which provide market participants a                       based index eligible for standard options trading to   class. This change will make that
                                                                                                          expire on any Monday, Wednesday, or Friday (other
                                                tool to hedge special events and to                       than the third Friday-of-the-month or days that
                                                                                                                                                                 provision more consistent with the
                                                reduce the premium cost of buying                         coincide with an EOM expiration).’’).                  existing language in Commentary .02
                                                                                                            9 15 U.S.C. 78f(b).                                  that prohibits Wednesday SPY
                                                  6 See   Supplementary Material .02(a) to Rule 504.        10 15 U.S.C. 78f(b)(5).                              Expirations from expiring on a


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                                                                              Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices                                                  7251

                                                Wednesday in which Quarterly Options                         A proposed rule change filed under                 Paper Comments
                                                Series expire.                                            Rule 19b–4(f)(6) normally does not
                                                   Finally, the Exchange represents that                  become operative for 30 days from the                   • Send paper comments in triplicate
                                                it has an adequate surveillance program                   date of filing. However, Rule 19b–                    to Brent J. Fields, Secretary, Securities
                                                in place to detect manipulative trading                   4(f)(6)(iii) 13 permits the Commission to             and Exchange Commission, 100 F
                                                in Monday expirations, including                          designate a shorter time if such action               Street, NE, Washington, DC 20549–
                                                Monday SPY Expirations, in the same                       is consistent with the protection of                  1090.
                                                way that it monitors trading in the                       investors and the public interest. The
                                                                                                                                                                All submissions should refer to File
                                                current Short Term Option Series. The                     Exchange has asked the Commission to
                                                Exchange also represents that it has the                                                                        Number SR–ISE–2018–13. This file
                                                                                                          waive the 30-day operative delay so that
                                                necessary systems capacity to support                     the proposal may become operative                     number should be included on the
                                                the new options series.                                   immediately upon filing. The                          subject line if email is used. To help the
                                                                                                          Commission notes that it recently                     Commission process and review your
                                                B. Self-Regulatory Organization’s                                                                               comments more efficiently, please use
                                                Statement on Burden on Competition                        approved Phlx’s substantially similar
                                                                                                          proposal to list and trade Monday SPY                 only one method. The Commission will
                                                   The Exchange does not believe that                     Expirations.14 The Exchange has stated                post all comments on the Commission’s
                                                the proposed rule change will impose                      that waiver of the operative delay will               internet website (http://www.sec.gov/
                                                any burden on competition not                             allow the Exchange to list and trade                  rules/sro.shtml). Copies of the
                                                necessary or appropriate in furtherance                   Monday SPY Expirations as soon as                     submission, all subsequent
                                                of the purposes of the Act. The                           possible, and therefore, promote                      amendments, all written statements
                                                Exchange notes that having Monday                         competition among the option                          with respect to the proposed rule
                                                expirations is not a novel proposal, as                   exchanges. For these reasons, the                     change that are filed with the
                                                Phlx has received approval to list                        Commission believes that the proposed                 Commission, and all written
                                                Monday expirations for SPY options,                       rule change presents no novel issues                  communications relating to the
                                                and Cboe currently lists and trades                       and that waiver of the 30-day operative               proposed rule change between the
                                                short-term SPX options with a Monday                      delay is consistent with the protection
                                                expiration. The Exchange does not                                                                               Commission and any person, other than
                                                                                                          of investors and the public interest, and             those that may be withheld from the
                                                believe the proposal will impose any                      will allow the Exchange to remain
                                                burden on intra-market competition, as                                                                          public in accordance with the
                                                                                                          competitive with other exchanges.
                                                all market participants will be treated in                                                                      provisions of 5 U.S.C. 552, will be
                                                                                                          Therefore, the Commission hereby
                                                the same manner under this proposal.                                                                            available for website viewing and
                                                                                                          waives the 30-day operative delay and
                                                Additionally, the Exchange does not                       designates the proposal effective upon                printing in the Commission’s Public
                                                believe the proposal will impose any                      filing.15 At any time within 60 days of               Reference Room, 100 F Street NE,
                                                burden on inter-market competition, as                    the filing of the proposed rule change,               Washington, DC 20549, on official
                                                nothing prevents the other options                        the Commission summarily may                          business days between the hours of
                                                exchanges from proposing similar rules                    temporarily suspend such rule change if               10:00 a.m. and 3:00 p.m. Copies of the
                                                to list and trade short-term options                      it appears to the Commission that such                filing also will be available for
                                                series with Monday expirations.                           action is necessary or appropriate in the             inspection and copying at the principal
                                                C. Self-Regulatory Organization’s                         public interest, for the protection of                office of the Exchange. All comments
                                                Statement on Comments on the                              investors, or otherwise in furtherance of             received will be posted without change.
                                                Proposed Rule Change Received From                        the purposes of the Act. If the                       Persons submitting comments are
                                                Members, Participants, or Others                          Commission takes such action, the                     cautioned that we do not redact or edit
                                                  No written comments were either                         Commission shall institute proceedings                personal identifying information from
                                                solicited or received.                                    to determine whether the proposed rule                comment submissions. You should
                                                                                                          should be approved or disapproved.                    submit only information that you wish
                                                III. Date of Effectiveness of the                                                                               to make available publicly. All
                                                Proposed Rule Change and Timing for                       IV. Solicitation of Comments
                                                                                                                                                                submissions should refer to File
                                                Commission Action                                           Interested persons are invited to                   Number SR–ISE–2018–13 and should be
                                                   Because the foregoing proposed rule                    submit written data, views, and                       submitted on or before March 13, 2018.
                                                change does not: (i) Significantly affect                 arguments concerning the foregoing,
                                                                                                          including whether the proposed rule                     For the Commission, by the Division of
                                                the protection of investors or the public                                                                       Trading and Markets, pursuant to delegated
                                                interest; (ii) impose any significant                     change is consistent with the Act.
                                                                                                          Comments may be submitted by any of                   authority.16
                                                burden on competition; and (iii) become
                                                operative for 30 days from the date on                    the following methods:                                Eduardo A. Aleman,
                                                which it was filed, or such shorter time                  Electronic Comments                                   Assistant Secretary.
                                                as the Commission may designate, the                                                                            [FR Doc. 2018–03309 Filed 2–16–18; 8:45 am]
                                                                                                            • Use the Commission’s internet
                                                proposed rule change has become                                                                                 BILLING CODE 8011–01–P
                                                                                                          comment form (http://www.sec.gov/
                                                effective pursuant to Section 19(b)(3)(A)
                                                                                                          rules/sro.shtml); or
                                                of the Act 11 and Rule 19b–4(f)(6)                          • Send an email to rule-comments@
                                                thereunder.12                                             sec.gov. Please include File Number SR–
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                                                  11 15
                                                                                                          ISE–2018–13 on the subject line.
                                                         U.S.C. 78s(b)(3)(A).
                                                  12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                            13 17  CFR 240.19b–4(f)(6)(iii).
                                                4(f)(6) requires a self-regulatory organization to give
                                                                                                            14 See  supra note 3.
                                                the Commission written notice of its intention to
                                                file the proposed rule change at least five business         15 For purposes only of waiving the 30-day

                                                days prior to the date of filing of the proposed rule     operative delay, the Commission has also
                                                change, or such shorter time as designated by the         considered the proposed rule’s impact on
                                                Commission. The Exchange has satisfied this               efficiency, competition, and capital formation. See
                                                requirement.                                              15 U.S.C. 78c(f).                                       16 17   CFR 200.30–3(a)(12).



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Document Created: 2018-02-17 02:29:38
Document Modified: 2018-02-17 02:29:38
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 7248 

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