83_FR_7856 83 FR 7820 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Expand the Short Term Option Series Program

83 FR 7820 - Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Expand the Short Term Option Series Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7820-7824
FR Document2018-03566

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7820-7824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03566]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82720; File No. SR-PEARL-2018-03]


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

February 15, 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 February 12, 2018, MIAX PEARL, LLC (``MIAX 
PEARL'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change '') 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.
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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 is filing a proposal 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 (``SPY'').
    The text of the proposed rule change is available on the Exchange's 
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX 
PEARL's 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.

[[Page 7821]]

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 PEARL Rule 100, Definitions, 
and Rule 404, Series of Option Contracts Open for Trading, 
Interpretations and Policies .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 SPY. The Exchange is also proposing to 
make a number of non-substantive, organizational changes to MIAX PEARL 
Rule 100 and Rule 404, Interpretations and Policies .02, for purposes 
of clarification and uniformity.
    Presently, MIAX PEARL Rule 100 defines a Short Term Options Series 
as ``a series in an option class that is approved for listing and 
trading on the Exchange in which the series is opened for trading 
pursuant to the Short Term Option Series Program provision of Rule 404, 
Interpretations and Policies .02.'' MIAX PEARL Rule 404, 
Interpretations and Policies .02, provides that 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.\3\ 
The Exchange is proposing to consolidate the rule text from Rule 404, 
Interpretations and Policies .02, with and into MIAX PEARL Rule 100. 
The Exchange notes that this rule text consolidation will not result in 
any substantive changes, but is purely for clarification and 
uniformity. Additionally, the Exchange is proposing to amend the 
definition in MIAX PEARL Rule 100, to permit the listing of options 
series that expire on Mondays, in connection with its proposal to 
expand the Program to permit the listing and trading of options series 
with Monday expirations that are listed pursuant to the Program.
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    \3\ See Exchange Rule 404, Interpretations and Policies .02.
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    The Exchange notes that this proposed rule changed is substantially 
similar to the proposal by Nasdaq PHLX LLC (``Phlx'') which was 
recently approved by the Commission.\4\
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    \4\ See Securities Exchange Release No. 82611 (February 1, 
2018), 83 FR 5473 (February 7, 2018) (SR-Phlx-2017-103) (Order 
approving proposed rule change).
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    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. The Exchange is also 
proposing to list Monday expiration series on Fridays that precede the 
expiration Monday by one business week plus one business day. Since 
MIAX PEARL Rule 404, Interpretations and Policies .02, already provides 
for the listing of short term option series on Fridays, the Exchange is 
not modifying this provision in MIAX PEARL Rule 100, to allow for 
Friday listing of Monday expiration series. However, the Exchange is 
amending MIAX PEARL Rule 100 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 proposing to amend 
MIAX PEARL Rule 100 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.\5\ 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 also notes that Cboe 
Exchange, Inc. (``Cboe'') uses the same procedure for options on the 
S&P 500 index (``SPX'') with Monday expirations that are listed 
pursuant to its Nonstandard Expirations Pilot Program and that are 
scheduled to expire on a holiday.\6\
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    \5\ See id.
    \6\ 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 MIAX 
PEARL Rule 404, Interpretations and Policies .02, which sets forth the 
requirements for SPY options that are listed pursuant to the Short Term 
Options Series Program, to permit Monday SPY expirations (``Monday SPY 
Expirations''). Accordingly, the Exchange proposes to amend 
Interpretations and Policies .02 to Rule 404, 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 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 Interpretations and Policies .02 to state 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 the 
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) 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.\7\ 
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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    \7\ See Exchange Rule 404, Interpretations and Policies .02(a).
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    Finally, the Exchange is amending Interpretations and Policies 
.02(b) to

[[Page 7822]]

Rule 404, 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. As with 
Wednesday SPY Expirations, the Exchange is proposing to permit Monday 
SPY Expirations to expire in the same week as monthly options series on 
the same class. 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.
    Relatedly, the Exchange is also amending Interpretations and 
Policies .02(b) to Rule 404 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. This change will make that provision more consistent with the 
existing language in Interpretations and Policies .02 to Rule 404, 
which prohibits Wednesday SPY Expirations from expiring on a Wednesday 
in which Quarterly Options Series expire.
    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 MIAX PEARL Rule 100 and Rule 404 since 2017.\8\ 
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.
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    \8\ See Securities Exchange Act Release No. 79947 (February 2, 
2017), 82 FR 9865 (February 8, 2017) (SR-PEARL-2017-03).
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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 Term 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.\9\
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    \9\ 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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    The Exchange notes that this filing is substantially similar to a 
companion MIAX Options filing, expanding the Short Term Option Series 
Program to allow Monday expirations for options listed pursuant to the 
Program, including options on SPY.

2. Statutory Basis

    MIAX PEARL believes that its proposed rule change is consistent 
with Section 6(b) of the Act \10\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \11\ 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.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 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. While other exchanges do not currently list Monday SPY 
Expirations, the Exchange notes that Cboe currently permits Monday 
expirations for other options with a weekly expiration, such as options 
on the SPX. \12\ Additionally, Nasdaq PHLX LLC (``Phlx'') has recently 
received approval from the Commission to list Monday SPY Expirations 
for SPY options pursuant to its Short Term Options program.\13\
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    \12\ See supra note 9.
    \13\ See supra note 4.
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    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 expiration pursuant 
to MIAX PEARL Rule 100 and Rule 404 since 2017.\14\ 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.
---------------------------------------------------------------------------

    \14\ See supra note 8.
---------------------------------------------------------------------------

    Given the similarities between Monday SPY Expiration series and 
Wednesday and Friday SPY Expiration series, the Exchange believes that 
applying the provisions in Interpretations and Policies .02 to Rule 404 
that currently apply to Wednesday SPY Expirations, to Monday SPY 
Expirations, is justified. For example, the Exchange believes that 
allowing

[[Page 7823]]

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 it is appropriate to amend Interpretations and 
Policies .02(b) to Rule 404 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 Interpretations and Policies .02 to Rule 
404 that prohibit Wednesday SPY Expirations from expiring on a 
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.
    The Exchange believes the proposed rule text organizational changes 
promote just and equitable principles of trade and remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system because the proposed rule text organizational change 
conforms its rules to the rules of other exchanges. As such, the 
proposed amendments would foster cooperation and coordination with 
persons engaged in facilitating transactions in securities and would 
remove impediments to and perfect the mechanism of a free and open 
market and a national exchange system. In particular, the Exchange 
believes that the proposed changes will provide greater clarity to 
Members and the public regarding the Exchange's Rules. It is in the 
public interest for rules to be accurate and concise so as to eliminate 
the potential for confusion.

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 that is 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 Cboe currently 
lists and trades short-term SPX options with a Monday expiration, and 
Phlx has recently received approval from the Commission to list Monday 
SPY expirations. 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

    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, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\15\ and Rule 19b-4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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.
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    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) \17\ 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.\18\ 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.\19\ 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.\20\
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    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ See supra note 4.
    \19\ The Exchange also proposes a number of non-substantive 
changes to its rulebook. The Exchange stated these changes will help 
to provide clarity and therefore are in the public interest.
    \20\ 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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    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.

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

    [ssquf] Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
    [ssquf] Send an email to [email protected]. Please include File 
Number SR-PEARL-2018-03 on the subject line.

Paper Comments

    [ssquf] 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-PEARL-2018-03. 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

[[Page 7824]]

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-PEARL-2018-03 and should be 
submitted on or before March 15, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03566 Filed 2-21-18; 8:45 am]
BILLING CODE 8011-01-P



                                               7820                         Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                                 The proposed fee structure is                           Paper Comments                                         SECURITIES AND EXCHANGE
                                               designed to ensure a fair and reasonable                                                                         COMMISSION
                                               use of Exchange resources by allowing                       • Send paper comments in triplicate
                                               the Exchange to recoup costs while                        to Secretary, Securities and Exchange
                                                                                                                                                                [Release No. 34–82720; File No. SR–
                                               continuing to offer its data products at                  Commission, 100 F Street NE,
                                                                                                                                                                PEARL–2018–03]
                                               competitive rates to firms.                               Washington, DC 20549–1090.
                                               C. Self-Regulatory Organization’s                         All submissions should refer to File                   Self-Regulatory Organizations; MIAX
                                               Statement on Comments on the                              Number SR–NASDAQ–2018–010. This                        PEARL, LLC; Notice of Filing and
                                               Proposed Rule Change Received From                        file number should be included on the                  Immediate Effectiveness of a Proposed
                                               Members, Participants, or Others                          subject line if email is used. To help the             Rule Change To Expand the Short
                                                                                                         Commission process and review your                     Term Option Series Program
                                                 No written comments were either
                                                                                                         comments more efficiently, please use
                                               solicited or received.                                                                                           February 15, 2018.
                                                                                                         only one method. The Commission will
                                               III. Date of Effectiveness of the                         post all comments on the Commission’s                     Pursuant to the provisions of Section
                                               Proposed Rule Change and Timing for                       internet website (http://www.sec.gov/                  19(b)(1) of the Securities Exchange Act
                                               Commission Action                                         rules/sro.shtml). Copies of the                        of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                         submission, all subsequent                             thereunder,2 notice is hereby given that
                                                  Because the foregoing proposed rule
                                                                                                         amendments, all written statements                     on February 12, 2018, MIAX PEARL,
                                               change does not: (i) Significantly affect
                                               the protection of investors or the public                 with respect to the proposed rule                      LLC (‘‘MIAX PEARL’’ or ‘‘Exchange’’)
                                               interest; (ii) impose any significant                     change that are filed with the                         filed with the Securities and Exchange
                                               burden on competition; and (iii) become                   Commission, and all written                            Commission (‘‘Commission’’) a
                                               operative for 30 days from the date on                    communications relating to the                         proposed rule change ’’) a proposed rule
                                               which it was filed, or such shorter time                  proposed rule change between the                       change as described in Items I and II
                                               as the Commission may designate, it has                   Commission and any person, other than                  below, which Items have been prepared
                                               become effective pursuant to Section                      those that may be withheld from the                    by the Exchange. The Commission is
                                               19(b)(3)(A)(iii) of the Act 41 and                        public in accordance with the                          publishing this notice to solicit
                                               subparagraph (f)(6) of Rule 19b–4                         provisions of 5 U.S.C. 552, will be                    comments on the proposed rule change
                                               thereunder.42                                             available for website viewing and                      from interested persons.
                                                  At any time within 60 days of the                      printing in the Commission’s Public                    I. Self-Regulatory Organization’s
                                               filing of the proposed rule change, the                   Reference Room, 100 F Street NE,                       Statement of the Terms of Substance of
                                               Commission summarily may                                  Washington, DC 20549 on official                       the Proposed Rule Change
                                               temporarily suspend such rule change if                   business days between the hours of
                                               it appears to the Commission that such                    10:00 a.m. and 3:00 p.m. Copies of the                    The Exchange is filing a proposal to
                                               action is: (i) Necessary or appropriate in                filing also will be available for                      expand the Short Term Option Series
                                               the public interest; (ii) for the protection              inspection and copying at the principal                Program to allow Monday expirations
                                               of investors; or (iii) otherwise in                       office of the Exchange. All comments                   for options listed pursuant to the Short
                                               furtherance of the purposes of the Act.                   received will be posted without change.                Term Option Series Program, including
                                               If the Commission takes such action, the                  Persons submitting comments are                        options on the SPDR S&P 500 ETF Trust
                                               Commission shall institute proceedings                    cautioned that we do not redact or edit                (‘‘SPY’’).
                                               to determine whether the proposed rule                    personal identifying information from
                                               should be approved or disapproved.                                                                                  The text of the proposed rule change
                                                                                                         comment submissions. You should                        is available on the Exchange’s website at
                                               IV. Solicitation of Comments                              submit only information that you wish                  http://www.miaxoptions.com/rule-
                                                                                                         to make available publicly. All                        filings/pearl at MIAX PEARL’s principal
                                                 Interested persons are invited to
                                                                                                         submissions should refer to File                       office, and at the Commission’s Public
                                               submit written data, views, and
                                                                                                         Number SR–NASDAQ–2018–010 and                          Reference Room.
                                               arguments concerning the foregoing,
                                               including whether the proposed rule                       should be submitted on or before March
                                                                                                         15, 2018.                                              II. Self-Regulatory Organization’s
                                               change is consistent with the Act.
                                                                                                                                                                Statement of the Purpose of, and
                                               Comments may be submitted by any of                         For the Commission, by the Division of
                                                                                                                                                                Statutory Basis for, the Proposed Rule
                                               the following methods:                                    Trading and Markets, pursuant to delegated
                                                                                                         authority.43                                           Change
                                               Electronic Comments
                                                                                                         Eduardo A. Aleman,                                       In its filing with the Commission, the
                                                 • Use the Commission’s internet                         Assistant Secretary.                                   Exchange included statements
                                               comment form (http://www.sec.gov/                         [FR Doc. 2018–03568 Filed 2–21–18; 8:45 am]            concerning the purpose of and basis for
                                               rules/sro.shtml); or                                                                                             the proposed rule change and discussed
                                                                                                         BILLING CODE 8011–01–P
                                                 • Send an email to rule-comments@                                                                              any comments it received on the
                                               sec.gov. Please include File Number SR–                                                                          proposed rule change. The text of these
                                               NASDAQ–2018–010 on the subject line.                                                                             statements may be examined at the
                                                                                                                                                                places specified in Item IV below. The
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                                                 41 15  U.S.C. 78s(b)(3)(A)(iii).                                                                               Exchange has prepared summaries, set
                                                 42 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               4(f)(6) requires a self-regulatory organization to give
                                                                                                                                                                forth in sections A, B, and C below, of
                                               the Commission written notice of its intent to file                                                              the most significant aspects of such
                                               the proposed rule change at least five business days                                                             statements.
                                               prior to the date of filing of the proposed rule
                                               change, or such shorter time as designated by the
                                                                                                                                                                  1 15   U.S.C. 78s(b)(1).
                                               Commission. The Exchange has satisfied this
                                               requirement.                                                43 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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                                                                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                                      7821

                                               A. Self-Regulatory Organization’s                       series of options on any Monday that is                  for SPY options that are listed pursuant
                                               Statement of the Purpose of, and                        a business day and that expires on the                   to the Short Term Options Series
                                               Statutory Basis for, the Proposed Rule                  Monday of the next business week. The                    Program, to permit Monday SPY
                                               Change                                                  Exchange is also proposing to list                       expirations (‘‘Monday SPY
                                                                                                       Monday expiration series on Fridays                      Expirations’’). Accordingly, the
                                               1. Purpose
                                                                                                       that precede the expiration Monday by                    Exchange proposes to amend
                                                  The Exchange proposes to amend                       one business week plus one business                      Interpretations and Policies .02 to Rule
                                               MIAX PEARL Rule 100, Definitions, and                   day. Since MIAX PEARL Rule 404,                          404, to state that, with respect to
                                               Rule 404, Series of Option Contracts                    Interpretations and Policies .02, already                Monday SPY Expirations, the Exchange
                                               Open for Trading, Interpretations and                   provides for the listing of short term                   may open for trading on any Friday or
                                               Policies .02, to expand the Short Term                  option series on Fridays, the Exchange                   Monday that is a business day, series of
                                               Option Series Program (‘‘Program’’) to                  is not modifying this provision in MIAX                  options on SPY to expire on any
                                               permit the listing and trading of options               PEARL Rule 100, to allow for Friday                      Monday of the month that is a business
                                               series with Monday expirations that are                 listing of Monday expiration series.                     day and is not a Monday in which
                                               listed pursuant to the Program,                         However, the Exchange is amending                        Quarterly Options Series expire,
                                               including options on SPY. The                           MIAX PEARL Rule 100 to clarify that,                     provided that Monday SPY Expirations
                                               Exchange is also proposing to make a                    in the case of a series that is listed on                that are listed on a Friday must be listed
                                               number of non-substantive,                              a Friday and expires on a Monday, that                   at least one business week and one
                                               organizational changes to MIAX PEARL                    series must be listed one business week                  business day prior to the expiration. As
                                               Rule 100 and Rule 404, Interpretations                  and one business day prior to that                       with the current rules for Wednesday
                                               and Policies .02, for purposes of                       expiration (i.e., two Fridays prior to                   SPY Expirations, the Exchange will also
                                               clarification and uniformity.                           expiration).                                             amend Interpretations and Policies .02
                                                  Presently, MIAX PEARL Rule 100                          As part of this proposal, the Exchange                to state that it may list up to five
                                               defines a Short Term Options Series as                  is also proposing to amend MIAX                          consecutive Monday SPY Expirations at
                                               ‘‘a series in an option class that is                   PEARL Rule 100 to address the                            one time, and may have no more than
                                               approved for listing and trading on the                 expiration of Monday expiration series                   a total of five Monday SPY Expirations
                                               Exchange in which the series is opened                  when the Monday is not a business day.                   (in addition to the maximum of five
                                               for trading pursuant to the Short Term                  In that case, the Rule will provide that                 Short Term Option Series expirations
                                               Option Series Program provision of Rule                 the series shall expire on the first                     for SPY expiring on Friday and five
                                               404, Interpretations and Policies .02.’’                business day immediately following that                  Wednesday SPY Expirations). The
                                               MIAX PEARL Rule 404, Interpretations                    Monday. This procedure differs from                      Exchange will also clarify that, as with
                                               and Policies .02, provides that a Short                 the expiration date of Wednesday                         Wednesday SPY Expirations, Monday
                                               Term Option Series is a series in an                    expiration series that are scheduled to                  SPY Expirations will be subject to the
                                               option class that is approved for listing               expire on a holiday. In that case, the                   provisions of this Rule.
                                               and trading on the Exchange in which                    Wednesday expiration series shall                           The interval between strike prices for
                                               the series is opened for trading on any                 expire on the first business day                         the proposed Monday SPY Expirations
                                               Tuesday, Wednesday, Thursday or                         immediately prior to that Wednesday,                     will be the same as those for the current
                                               Friday that is a business day and that                  e.g., Tuesday of that week.5 However,                    Short Term Option Series for
                                               expires on the Wednesday or Friday of                   the Exchange believes that it is                         Wednesday and Friday SPY Expirations.
                                               the next business week.3 The Exchange                                                                            Specifically, the Monday SPY
                                                                                                       preferable to require Monday expiration
                                               is proposing to consolidate the rule text                                                                        Expirations will have a $0.50 strike
                                                                                                       series in this scenario to expire on the
                                               from Rule 404, Interpretations and                                                                               interval minimum. As is the case with
                                                                                                       Tuesday of that week rather than the
                                               Policies .02, with and into MIAX PEARL                                                                           other options series listed pursuant to
                                                                                                       previous business day, e.g., the previous
                                               Rule 100. The Exchange notes that this                                                                           the Short Term Option Series, the
                                                                                                       Friday, since the Tuesday is closer in
                                               rule text consolidation will not result in                                                                       Monday SPY Expiration series will be
                                                                                                       time to the scheduled expiration date of
                                               any substantive changes, but is purely                                                                           P.M.-settled.
                                                                                                       the series than the previous Friday, and
                                               for clarification and uniformity.                                                                                   Currently, for each option class
                                                                                                       therefore may be more representative of
                                               Additionally, the Exchange is proposing                                                                          eligible for participation in the Program,
                                                                                                       anticipated market conditions. The
                                               to amend the definition in MIAX PEARL                                                                            the Exchange is limited to opening
                                                                                                       Exchange also notes that Cboe
                                               Rule 100, to permit the listing of options                                                                       thirty (30) series for each expiration date
                                                                                                       Exchange, Inc. (‘‘Cboe’’) uses the same
                                               series that expire on Mondays, in                                                                                for the specific class. The thirty (30)
                                                                                                       procedure for options on the S&P 500
                                               connection with its proposal to expand                                                                           series restriction does not include series
                                                                                                       index (‘‘SPX’’) with Monday expirations
                                               the Program to permit the listing and                                                                            that are open by other securities
                                                                                                       that are listed pursuant to its
                                               trading of options series with Monday                                                                            exchanges under their respective short
                                                                                                       Nonstandard Expirations Pilot Program
                                               expirations that are listed pursuant to                                                                          term option rules; the Exchange may list
                                                                                                       and that are scheduled to expire on a
                                               the Program.                                                                                                     these additional series that are listed by
                                                  The Exchange notes that this                         holiday.6
                                                                                                          The Exchange also proposes to make                    other exchanges.7 This thirty (30) series
                                               proposed rule changed is substantially                                                                           restriction shall apply to Monday SPY
                                                                                                       corresponding changes to MIAX PEARL
                                               similar to the proposal by Nasdaq PHLX                                                                           Expiration series as well. In addition,
                                                                                                       Rule 404, Interpretations and Policies
                                               LLC (‘‘Phlx’’) which was recently                                                                                the Exchange will be able to list series
                                                                                                       .02, which sets forth the requirements
                                               approved by the Commission.4                                                                                     that are listed by other exchanges,
                                                  Specifically, the Exchange is                                                                                 assuming they file similar rules with the
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                                                                                                         5 See id.
                                               proposing that it may open for trading                    6 See Cboe Rule 24.9(e)(1) (‘‘If the Exchange is not   Commission to list SPY options expiring
                                                 3 See Exchange Rule 404, Interpretations and
                                                                                                       open for business on a respective Monday, the            on Mondays.
                                                                                                       normally Monday expiring Weekly Expirations will            Finally, the Exchange is amending
                                               Policies .02.                                           expire on the following business day. If the
                                                 4 See Securities Exchange Release No. 82611           Exchange is not open for business on a respective        Interpretations and Policies .02(b) to
                                               (February 1, 2018), 83 FR 5473 (February 7, 2018)       Wednesday or Friday, the normally Wednesday or
                                               (SR–Phlx–2017–103) (Order approving proposed            Friday expiring Weekly Expirations will expire on          7 See Exchange Rule 404, Interpretations and

                                               rule change).                                           the previous business day.’’)                            Policies .02(a).



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                                               7822                        Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               Rule 404, which addresses the listing of                exception of Monday expiration series                  market movements stemming from
                                               Short Term Options Series that expire in                that are scheduled to expire on a                      economic releases or market events that
                                               the same week as monthly or quarterly                   holiday, the Exchange does not believe                 occur throughout the month in the same
                                               options series. Currently, that rule states             that there are any material differences                way that the Short Term Option Series
                                               that no Short Term Option Series may                    between Monday expirations and                         Program has expanded the landscape of
                                               expire in the same week in which                        Wednesday or Friday expirations for                    hedging. Similarly, the Exchange
                                               monthly option series on the same class                 Short Term Option Series.                              believes Monday expirations, including
                                               expire (with the exception of                              The Exchange seeks to introduce                     Monday SPY Expirations, should create
                                               Wednesday SPY Expirations) or, in the                   Monday expirations to, among other                     greater trading and hedging
                                               case of Quarterly Options Series, on an                 things, expand hedging tools available                 opportunities and flexibility, and will
                                               expiration that coincides with an                       to market participants and to continue                 provide customers with the ability to
                                               expiration of Quarterly Option Series on                the reduction of the premium cost of                   tailor their investment objectives more
                                               the same class. As with Wednesday SPY                   buying protection. The Exchange                        effectively. While other exchanges do
                                               Expirations, the Exchange is proposing                  believes that Monday expirations,                      not currently list Monday SPY
                                               to permit Monday SPY Expirations to                     similar to Wednesday and Friday                        Expirations, the Exchange notes that
                                               expire in the same week as monthly                      expirations, will allow market                         Cboe currently permits Monday
                                               options series on the same class. The                   participants to purchase an option based               expirations for other options with a
                                               Exchange believes that it is reasonable                 on their timing as needed and allow                    weekly expiration, such as options on
                                               to extend this exemption to Monday                      them to tailor their investment and                    the SPX. 12 Additionally, Nasdaq PHLX
                                               SPY Expirations because Monday SPY                      hedging needs more effectively.                        LLC (‘‘Phlx’’) has recently received
                                               Expirations and standard monthly                           As noted above, Phlx recently                       approval from the Commission to list
                                               options will not expire on the same                     received approval to list Monday                       Monday SPY Expirations for SPY
                                               trading day, as standard monthly                        expirations for SPY options pursuant to                options pursuant to its Short Term
                                               options expire on Fridays. Additionally,                its Short Term Options program. In                     Options program.13
                                               the Exchange believes that not listing                  addition, other exchanges currently                       With the exception of Monday
                                               Monday SPY Expirations for one week                     permit Monday expirations for other                    expiration series that are scheduled to
                                               every month because there was a                         options. For example, Cboe lists options               expire on a holiday, the Exchange does
                                               monthly SPY expiration on the Friday                    on the SPX with a Monday expiration as                 not believe that there are any material
                                               of that week would create investor                      part of its Nonstandard Expirations Pilot              differences between Monday
                                               confusion.                                              Program.9                                              expirations, including Monday SPY
                                                  Relatedly, the Exchange is also                         The Exchange notes that this filing is              Expirations, and Wednesday or Friday
                                               amending Interpretations and Policies                   substantially similar to a companion                   expirations, including Wednesday and
                                               .02(b) to Rule 404 to clarify that Monday               MIAX Options filing, expanding the                     Friday SPY Expirations, for Short Term
                                               and Wednesday SPY Expirations may                       Short Term Option Series Program to                    Option Series. The Exchange notes that
                                               expire in the same week as monthly                      allow Monday expirations for options                   it has been listing Wednesday
                                               option series in the same class expire,                 listed pursuant to the Program,                        expiration pursuant to MIAX PEARL
                                               but that no Short Term Option Series                    including options on SPY.                              Rule 100 and Rule 404 since 2017.14
                                               may expire on the same day as an                                                                               The Exchange believes that it is
                                                                                                       2. Statutory Basis                                     consistent with the Act to treat Monday
                                               expiration of Quarterly Option Series on
                                               the same class. This change will make                      MIAX PEARL believes that its                        expiration series that expire on a
                                               that provision more consistent with the                 proposed rule change is consistent with                holiday differently than Wednesday or
                                               existing language in Interpretations and                Section 6(b) of the Act 10 in general, and             Friday expiration series, since the
                                               Policies .02 to Rule 404, which prohibits               furthers the objectives of Section 6(b)(5)             proposed treatment for Monday
                                               Wednesday SPY Expirations from                          of the Act 11 in particular, in that it is             expiration series will result in an
                                               expiring on a Wednesday in which                        designed to prevent fraudulent and                     expiration date that is closer in time to
                                               Quarterly Options Series expire.                        manipulative acts and practices, to                    the scheduled expiration date of the
                                                  The Exchange does not believe that                   promote just and equitable principles of               series, and therefore may be more
                                               any market disruptions will be                          trade, to foster cooperation and                       representative of anticipated market
                                               encountered with the introduction of                    coordination with persons engaged in                   conditions. The Exchange also notes
                                               P.M.-settled Monday expirations. The                    facilitating transactions in securities, to            that Cboe uses the same procedure for
                                               Exchange has the necessary capacity                     remove impediments to and perfect the                  SPX options with Monday expirations
                                               and surveillance programs in place to                   mechanisms of a free and open market                   that are listed pursuant to its
                                               support and properly monitor trading in                 and a national market system and, in                   Nonstandard Expirations Pilot Program
                                               the proposed Monday expiration series,                  general, to protect investors and the                  and that are scheduled to expire on a
                                               including Monday SPY Expirations. The                   public interest.                                       holiday.
                                               Exchange currently trades P.M.-settled                     In particular, the Exchange believes                   Given the similarities between
                                               Short Term Option Series that expire                    the Short Term Option Series Program                   Monday SPY Expiration series and
                                               almost every Wednesday and Friday,                      has been successful to date and that                   Wednesday and Friday SPY Expiration
                                               which provide market participants a                     Monday expirations, including Monday                   series, the Exchange believes that
                                               tool to hedge special events and to                     SPY Expirations, simply expand the                     applying the provisions in
                                               reduce the premium cost of buying                       ability of investors to hedge risk against             Interpretations and Policies .02 to Rule
                                               protection. The Exchange notes that it                                                                         404 that currently apply to Wednesday
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                                               has been listing Wednesday expirations                    9 See Cboe Rule 24.9(e)(1) (‘‘The Exchange may
                                                                                                                                                              SPY Expirations, to Monday SPY
                                                                                                       open for trading Weekly Expirations on any broad-      Expirations, is justified. For example,
                                               pursuant to MIAX PEARL Rule 100 and                     based index eligible for standard options trading to
                                               Rule 404 since 2017.8 With the                          expire on any Monday, Wednesday, or Friday (other      the Exchange believes that allowing
                                                                                                       than the third Friday-of-the-month or days that
                                                 8 See Securities Exchange Act Release No. 79947       coincide with an EOM expiration.’’).                    12 See supra note 9.
                                                                                                         10 15 U.S.C. 78f(b).                                  13 See supra note 4.
                                               (February 2, 2017), 82 FR 9865 (February 8, 2017)
                                               (SR–PEARL–2017–03).                                       11 15 U.S.C. 78f(b)(5).                               14 See supra note 8.




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                                                                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                                         7823

                                               Monday SPY Expirations and monthly                      competition, as all market participants                   rule change presents no novel issues
                                               SPY expirations in the same week will                   will be treated in the same manner                        and that waiver of the 30-day operative
                                               benefit investors and minimize investor                 under this proposal. Additionally, the                    delay is consistent with the protection
                                               confusion by providing Monday SPY                       Exchange does not believe the proposal                    of investors and the public interest, and
                                               Expirations in a continuous and                         will impose any burden on inter-market                    will allow the Exchange to remain
                                               uniform manner. The Exchange also                       competition, as nothing prevents the                      competitive with other exchanges.
                                               believes that it is appropriate to amend                other options exchanges from proposing                    Therefore, the Commission hereby
                                               Interpretations and Policies .02(b) to                  similar rules to list and trade short-term                waives the 30-day operative delay and
                                               Rule 404 to clarify that no Short Term                  options series with Monday expirations.                   designates the proposal effective upon
                                               Option Series may expire on the same                                                                              filing.20
                                               day as an expiration of Quarterly Option                C. Self-Regulatory Organization’s                            At any time within 60 days of the
                                               Series on the same class. This change                   Statement on Comments on the                              filing of the proposed rule change, the
                                               will make that provision more                           Proposed Rule Change Received From                        Commission summarily may
                                               consistent with the existing language in                Members, Participants, or Others                          temporarily suspend such rule change if
                                               Interpretations and Policies .02 to Rule                  Written comments were neither                           it appears to the Commission that such
                                               404 that prohibit Wednesday SPY                         solicited nor received.                                   action is necessary or appropriate in the
                                               Expirations from expiring on a                                                                                    public interest, for the protection of
                                                                                                       III. Date of Effectiveness of the                         investors, or otherwise in furtherance of
                                               Wednesday in which Quarterly Options
                                                                                                       Proposed Rule Change and Timing for                       the purposes of the Act. If the
                                               Series expire.
                                                  Finally, the Exchange represents that                Commission Action                                         Commission takes such action, the
                                               it has an adequate surveillance program                    Because the foregoing proposed rule                    Commission shall institute proceedings
                                               in place to detect manipulative trading                 change does not: (i) Significantly affect                 to determine whether the proposed rule
                                               in Monday expirations, including                        the protection of investors or the public                 should be approved or disapproved.
                                               Monday SPY Expirations, in the same                     interest; (ii) impose any significant
                                                                                                                                                                 IV. Solicitation of Comments
                                               way that it monitors trading in the                     burden on competition; and (iii) become
                                               current Short Term Option Series. The                   operative for 30 days from the date on                      Interested persons are invited to
                                               Exchange also represents that it has the                which it was filed, or such shorter time                  submit written data, views, and
                                               necessary systems capacity to support                   as the Commission may designate, the                      arguments concerning the foregoing,
                                               the new options series.                                 proposed rule change has become                           including whether the proposed rule
                                                  The Exchange believes the proposed                   effective pursuant to Section 19(b)(3)(A)                 change is consistent with the Act.
                                               rule text organizational changes                        of the Act 15 and Rule 19b–4(f)(6)                        Comments may be submitted by any of
                                               promote just and equitable principles of                thereunder.16                                             the following methods:
                                               trade and remove impediments to and                        A proposed rule change filed under                     Electronic Comments
                                               perfect the mechanism of a free and                     Rule 19b–4(f)(6) normally does not
                                               open market and a national market                       become operative for 30 days from the                       D Use the Commission’s internet
                                               system because the proposed rule text                   date of filing. However, Rule 19b–                        comment form (http://www.sec.gov/
                                               organizational change conforms its rules                4(f)(6)(iii) 17 permits the Commission to                 rules/sro.shtml); or
                                               to the rules of other exchanges. As such,               designate a shorter time if such action                     D Send an email to rule-comments@
                                               the proposed amendments would foster                    is consistent with the protection of                      sec.gov. Please include File Number SR–
                                               cooperation and coordination with                       investors and the public interest. The                    PEARL–2018–03 on the subject line.
                                               persons engaged in facilitating                         Exchange has asked the Commission to                      Paper Comments
                                               transactions in securities and would                    waive the 30-day operative delay so that
                                               remove impediments to and perfect the                                                                               D Send paper comments in triplicate
                                                                                                       the proposal may become operative                         to Brent J. Fields, Secretary, Securities
                                               mechanism of a free and open market                     immediately upon filing. The
                                               and a national exchange system. In                                                                                and Exchange Commission, 100 F Street
                                                                                                       Commission notes that it recently                         NE, Washington, DC 20549–1090.
                                               particular, the Exchange believes that                  approved Phlx’s substantially similar
                                               the proposed changes will provide                                                                                 All submissions should refer to File
                                                                                                       proposal to list and trade Monday SPY
                                               greater clarity to Members and the                                                                                Number SR–PEARL–2018–03. This file
                                                                                                       Expirations.18 The Exchange has stated
                                               public regarding the Exchange’s Rules.                                                                            number should be included on the
                                                                                                       that waiver of the operative delay will
                                               It is in the public interest for rules to be                                                                      subject line if email is used. To help the
                                                                                                       allow the Exchange to list and trade
                                               accurate and concise so as to eliminate                                                                           Commission process and review your
                                                                                                       Monday SPY Expirations as soon as
                                               the potential for confusion.                                                                                      comments more efficiently, please use
                                                                                                       possible, and therefore, promote
                                                                                                                                                                 only one method. The Commission will
                                               B. Self-Regulatory Organization’s                       competition among the option
                                                                                                                                                                 post all comments on the Commission’s
                                               Statement on Burden on Competition                      exchanges.19 For these reasons, the
                                                                                                                                                                 internet website (http://www.sec.gov/
                                                                                                       Commission believes that the proposed
                                                 The Exchange does not believe that                                                                              rules/sro.shtml).
                                               the proposed rule change will impose                      15 15
                                                                                                                                                                   Copies of the submission, all
                                                                                                                U.S.C. 78s(b)(3)(A).
                                               any burden on competition that is not                     16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                                                                                 subsequent amendments, all written
                                               necessary or appropriate in furtherance                 4(f)(6) requires a self-regulatory organization to give   statements with respect to the proposed
                                               of the purposes of the Act. The                         the Commission written notice of its intention to         rule change that are filed with the
                                               Exchange notes that having Monday                       file the proposed rule change at least five business      Commission, and all written
                                                                                                       days prior to the date of filing of the proposed rule
                                               expirations is not a novel proposal, as                 change, or such shorter time as designated by the
                                                                                                                                                                 communications relating to the
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                                               Cboe currently lists and trades short-                  Commission. The Exchange has satisfied this               proposed rule change between the
                                               term SPX options with a Monday                          requirement.                                              Commission and any person, other than
                                                                                                          17 17 CFR 240.19b–4(f)(6)(iii).
                                               expiration, and Phlx has recently
                                                                                                          18 See supra note 4.                                      20 For purposes only of waiving the 30-day
                                               received approval from the Commission                      19 The Exchange also proposes a number of non-         operative delay, the Commission has also
                                               to list Monday SPY expirations. The                     substantive changes to its rulebook. The Exchange         considered the proposed rule’s impact on
                                               Exchange does not believe the proposal                  stated these changes will help to provide clarity and     efficiency, competition, and capital formation. See
                                               will impose any burden on intra-market                  therefore are in the public interest.                     15 U.S.C. 78c(f).



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                                               7824                        Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               those that may be withheld from the                     I. Self-Regulatory Organization’s                     protection mechanism is the ARM. The
                                               public in accordance with the                           Statement of the Terms of Substance of                purpose of the ARM is to remove the
                                               provisions of 5 U.S.C. 552, will be                     the Proposed Rule Change                              Member from the market, once certain
                                               available for website viewing and                          The Exchange is filing a proposal to               pre-determined trading limit thresholds
                                               printing in the Commission’s Public                     amend Exchange Rule 517A, Aggregate                   (set up in advance by the Member) have
                                               Reference Room, 100 F Street NE,                        Risk Manager for EEMs (‘‘ARM–E’’), and                been triggered, to limit the risk exposure
                                               Washington, DC 20549, on official                       Rule 517B, Aggregate Risk Manager for                 of the Member.
                                               business days between the hours of                                                                               The Exchange now proposes to
                                                                                                       Market Makers (‘‘ARM–M’’).
                                               10:00 a.m. and 3:00 p.m. Copies of the                     The text of the proposed rule change               further enhance the ARM to introduce
                                               filing also will be available for                                                                             an SSP feature. The SSP feature, which
                                                                                                       is available on the Exchange’s website at
                                                                                                                                                             is optional, will provide an additional
                                               inspection and copying at the principal                 http://www.miaxoptions.com/rule-
                                                                                                                                                             level of granularity to the ARM, as this
                                               office of the Exchange. All comments                    filings/pearl at MIAX PEARL’s principal
                                                                                                                                                             protection will apply only to quotes 4
                                               received will be posted without change.                 office, and at the Commission’s Public
                                                                                                                                                             and orders on the same side (bid or
                                               Persons submitting comments are                         Reference Room.
                                                                                                                                                             offer) of an individual option.5 Members
                                               cautioned that we do not redact or edit                 II. Self-Regulatory Organization’s                    who avail themselves of the SSP feature
                                               personal identifying information from                   Statement of the Purpose of, and                      will have even greater precision to tailor
                                               comment submissions. You should                         Statutory Basis for, the Proposed Rule                their risk tolerance level.
                                               submit only information that you wish                   Change                                                   To implement the SSP feature for
                                               to make available publicly. All                                                                               Electronic Exchange Members 6 the
                                               submissions should refer to File                           In its filing with the Commission, the
                                                                                                       Exchange included statements                          Exchange proposes to adopt new
                                               Number SR–PEARL–2018–03 and                                                                                   subsection .02 to Interpretations and
                                                                                                       concerning the purpose of and basis for
                                               should be submitted on or before March                                                                        Policies of Rule 517A, entitled EEM
                                                                                                       the proposed rule change and discussed
                                               15, 2018.                                                                                                     Single Side Protection. Subsection .02
                                                                                                       any comments it received on the
                                                 For the Commission, by the Division of                proposed rule change. The text of these               will provide that an EEM may
                                               Trading and Markets, pursuant to delegated              statements may be examined at the                     determine to engage the EEM Single
                                               authority.21                                            places specified in Item IV below. The                Side Protection (‘‘SSP’’) feature for
                                               Eduardo A. Aleman,                                      Exchange has prepared summaries, set                  orders delivered via the MEO Interface 7
                                                                                                       forth in sections A, B, and C below, of               by MPID.8 If engaged, if the full
                                               Assistant Secretary.                                                                                          remaining size of an EEM’s order, in an
                                               [FR Doc. 2018–03566 Filed 2–21–18; 8:45 am]             the most significant aspects of such
                                                                                                       statements.                                           individual option, is exhausted by a
                                               BILLING CODE 8011–01–P                                                                                        trade, the System 9 will trigger the SSP.
                                                                                                       A. Self-Regulatory Organization’s                     When triggered, the System will cancel
                                                                                                       Statement of the Purpose of, and                      all open orders and block all new
                                               SECURITIES AND EXCHANGE                                 Statutory Basis for, the Proposed Rule                inbound orders delivered via the MEO
                                               COMMISSION                                              Change                                                Interface, for that particular side of that
                                                                                                       1. Purpose                                            individual option for that MPID. The
                                               [Release No. 34–82721; File No. SR–                                                                           System will provide a notification
                                               PEARL–2018–01]                                             The Exchange proposes to amend                     message to the EEM that the SSP has
                                                                                                       Rule 517A, Aggregate Risk Manager for                 been triggered. The block will remain in
                                               Self-Regulatory Organizations; MIAX                     EEMs (‘‘ARM–E’’), and Rule 517B,                      effect until the EEM notifies the
                                               PEARL LLC; Notice of Filing and                         Aggregate Risk Manager for Market                     Exchange (in a manner required by the
                                               Immediate Effectiveness of a Proposed                   Makers (‘‘ARM–M’’), to enhance the
                                               Rule Change To Amend Rule 517A,                         Aggregate Risk Manager (‘‘ARM’’)                         4 The term ‘‘quote’’ or ‘‘quotation’’ means a bid or

                                               Aggregate Risk Manager for EEMs                         protections available to Members 3 on                 offer entered by a Market Maker as a firm order that
                                                                                                       the Exchange. Specifically, the                       updates the Market Maker’s previous bid or offer,
                                               (‘‘ARM–E’’), and Rule 517B, Aggregate                                                                         if any. When the term order is used in these Rules
                                               Risk Manager for Market Makers                          Exchange proposes to adopt a single                   and a bid or offer is entered by the Market Maker
                                               (‘‘ARM–M’’)                                             side protection (‘‘SSP’’) feature, which              in the option series to which such Market Maker is
                                                                                                       is an additional, optional, and more                  registered, such order shall, as applicable,
                                               February 15, 2018.                                      granular feature of the ARM protection                constitute a quote or quotation for purposes of these
                                                                                                                                                             Rules. See Exchange Rule 100.
                                                                                                       that is currently offered by the
                                                  Pursuant to the provisions of Section                                                                         5 The term ‘‘individual option’’ means an option
                                                                                                       Exchange. Accordingly, the Exchange                   contract that is either a put or a call, covering a
                                               19(b)(1) of the Securities Exchange Act
                                                                                                       proposes to modify (i) Interpretations                specific underlying security and having a specific
                                               of 1934 (‘‘Act’’) 1 and Rule 19b–4                      and Policies of Rule 517A, to adopt new               exercise price and expiration date. See Exchange
                                               thereunder,2 notice is hereby given that                subsection .02, EEM Single Side                       Rule 100.
                                               on February 6, 2018, MIAX PEARL, LLC                    Protection; and (ii) Interpretations and
                                                                                                                                                                6 The term ‘‘Electronic Exchange Member’’ or

                                               (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                                                                        ‘‘EEM’’ means the holder of a Trading Permit who
                                                                                                       Policies .01, of Rule 517B, to adopt new              is a Member representing as agent Public Customer
                                               with the Securities and Exchange                        subsection (c), Market Maker Single                   Orders or Non-Customer Orders on the Exchange
                                               Commission (‘‘Commission’’) a                           Side Protection.                                      and those non-Market Maker Members conducting
                                               proposed rule change as described in                       The Exchange currently offers a                    proprietary trading. Electronic Exchange Members
                                               Items I and II below, which Items have                                                                        are deemed ‘‘members’’ under the Exchange Act.
                                                                                                       number of risk protection mechanisms                  See Exchange Rule 100.
                                               been prepared by the Exchange. The                      to its Members. One important risk
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                7 The term ‘‘MEO Interface’’ means a binary order
                                               Commission is publishing this notice to                                                                       interface used for submitting certain order types (as
                                               solicit comments on the proposed rule                      3 The term ‘‘Member’’ means an individual or       set forth in Rule 516) to the MIAX PEARL System.
                                               change from interested persons.                         organization that is registered with the Exchange     See Exchange Rule 100.
                                                                                                                                                                8 The term ‘‘MPID’’ means unique market
                                                                                                       pursuant to Chapter II of the MIAX PEARL Rules
                                                                                                       for purposes of trading on the Exchange as an         participant identifier. See Exchange Rule 100.
                                                 21 17 CFR 200.30–3(a)(12).                            ‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’      9 The term ‘‘System’’ means the automated
                                                 1 15 U.S.C. 78s(b)(1).                                Members are deemed ‘‘members’’ under the              trading system used by the Exchange for the trading
                                                 2 17 CFR 240.19b–4.                                   Exchange Act. See Exchange Rule 100.                  of securities. See Exchange Rule 100.



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Document Created: 2018-02-22 02:50:46
Document Modified: 2018-02-22 02:50:46
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 7820 

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