[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47797-47799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16658]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95391; File No. SR-Phlx-2022-22]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Granting 
Approval of a Proposed Rule Change To Permit the Listing and Trading of 
P.M.-Settled Nasdaq-100 Index Options That Expire on Tuesday or 
Thursday Under Its Nonstandard Expirations Pilot Program

July 29, 2022.

I. Introduction

    On June 2, 2022, Nasdaq PHLX LLC (``Phlx'' or the Exchange'') filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') 
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to add P.M.-
settled Nasdaq-100 Index (``NDX'') options that expire on Tuesday or 
Thursday to the Exchange's Nonstandard Expirations Pilot Program 
(``Pilot Program'') and make certain technical amendments to the rules 
of the Exchange. The proposed rule change was published for comment in 
the Federal Register on June 21, 2022.\3\ No comments were received. 
The Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 95100 (June 14, 
2022), 87 FR 36902 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to amend Options 4A, Section 12(b)(5), which 
governs its Pilot Program, to permit P.M.-settled Nasdaq-100 Index 
(``NDXP'') options that expire on Tuesday or Thursday. Under the 
existing Pilot Program, the Exchange is permitted to list P.M.-settled 
options on broad-based indexes that expire on: (1) any Monday, 
Wednesday, or Friday (``Weekly Expirations'') and (2) the last trading 
day of the month (``End of Month Expirations'' or ``EOMs'').\4\
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    \4\ See Options 4A, Section 12(b)(5).
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    Specifically, the proposed rule change amends Options 4A, Section 
12(b)(5)(A) to add NDXP options (P.M.-settled) that expire on Tuesday 
or Thursday (``Tuesday and Thursday NDXP Expirations'') as permissible 
Weekly Expirations under the Pilot Program (currently set to expire on 
November 4, 2022).\5\ The Exchange notes that permitting Tuesday and 
Thursday NDXP Expirations, as proposed, is in addition to the NDXP 
options with Monday, Wednesday and Friday expirations that the Exchange 
may (and does) already list pursuant to Options 4A, Section 
12(b)(5)(A).\6\ The Pilot Program for Weekly Expirations will apply to 
Tuesday and Thursday NDXP Expirations in the same manner as it 
currently applies to P.M.-settled broad-based index options with 
Monday, Wednesday and Friday expirations.\7\ As proposed, Options 4A, 
Section 12(b)(5)(A) provides that the Exchange may open for trading 
Weekly Expirations on NDX options to expire on any Tuesday or Thursday 
(other than days that coincide with the third Friday-of-the-month or an 
EOM expiration).\8\
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    \5\ See Notice, supra note 3, at 36903.
    \6\ See id.
    \7\ See id.
    \8\ See id.
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    The proposed weekly Tuesday and Thursday NDXP Expirations will be 
subject to all provisions of Options 4A, Section 12(b)(5)(A) in the 
same manner as existing Monday, Wednesday, and Friday expirations.\9\ 
The maximum number of expirations that may be listed for each Weekly 
Expiration (i.e., a Monday expiration, Tuesday expiration, Wednesday 
expiration, Thursday expiration, or Friday expiration, as applicable) 
in a given class is the same as the maximum number of expirations 
permitted in Options 4A, Section 12(a)(4) for standard options on the 
same broad-based index (which is 12 for NDXP options).\10\ Further, 
other expirations in the same class are not counted as part of the 
maximum number of Weekly Expirations for an applicable broad-based 
index class.\11\ Weekly Expirations need not be for consecutive Monday, 
Tuesday, Wednesday, Thursday, or Friday expirations as applicable; 
however, the expiration date of a non-consecutive expiration may not be 
beyond what would be considered the last expiration date if the maximum 
number of expirations were listed consecutively.\12\ Weekly Expirations 
that are initially listed in a given class may expire up to four weeks 
from the actual listing date.\13\ Additionally, the Tuesday and 
Thursday NDXP Expirations will be treated the same as options on the 
same underlying index that expire on the third Friday of the expiration 
month, except that they will be P.M.-settled and new series in Weekly 
Expirations may be added up to and including on the

[[Page 47798]]

expiration date for an expiring Weekly Expiration.\14\
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    \9\ See id.
    \10\ See proposed Options 4A, Section 12(b)(5)(A). See also 
Notice, supra note 3, at 36903.
    \11\ See proposed Options 4A, Section 12(b)(5)(A).
    \12\ See id.
    \13\ See Options 4A, Section 12(b)(5)(A).
    \14\ See also Notice, supra note 3, at 36903.
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    If the Exchange is not open for business on a Tuesday or Thursday, 
the normally Tuesday- or Thursday-expiring NDXP options will expire on 
the previous business day.\15\ The proposed rule change also adds that, 
if two different Weekly Expirations on NDX would expire on the same day 
because the Exchange is not open for business on a certain weekday, the 
Exchange will list only one of such Weekly Expirations.\16\ 
Transactions in Weekly Expirations may be effected on the Exchange 
between the hours of 9:30 a.m. (Eastern Time) and 4:15 p.m. (Eastern 
Time), except that on the last trading day, transactions in expiring 
Weekly Expirations may be effected on the Exchange between the hours of 
9:30 a.m. (Eastern time) and 4:00 p.m. (Eastern time).\17\
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    \15\ See id.
    \16\ See id. The Exchange believes it is appropriate to clarify 
in the rule text that the Exchange will list just one Weekly 
Expiration in such a case, as the two Weekly Expirations would 
essentially be the same options contract. Id.
    \17\ See id.
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Pilot Report
    The Exchange proposes to abide by the same reporting requirements 
for the trading of Tuesday and Thursday NDXP Expirations that it does 
for the trading of P.M.-settled options on broad-based indexes that 
expire on any Monday, Wednesday, or Friday pursuant to the Pilot 
Program.\18\ The Exchange represented that it will continue to provide 
the Commission with ongoing data regarding Tuesday and Thursday NDXP 
Expirations unless and until the Nonstandard Pilot is made permanent or 
discontinued.\19\ As provided in the Pilot Program Approval Order,\20\ 
the annual report will contain an analysis of volume, open interest and 
trading patterns. In addition, for series that exceed certain minimum 
open interest parameters, the annual report will provide analysis of 
index price volatility and, if needed, share trading activity.\21\ 
Additionally, the Exchange will provide the Commission with any 
additional data or analyses the Commission requests because it deems 
such data or analyses necessary to determine whether the Pilot Program, 
including Tuesday and Thursday NDXP Expirations as proposed, is 
consistent with the Exchange Act.\22\ As it does for current Pilot 
Program products, the Exchange will make public on its website all data 
and analyses in connection with Tuesday and Thursday NDXP Expirations 
it submits to the Commission under the Pilot Program.\23\ Going 
forward, the Exchange states that it will include the same areas of 
analysis for Tuesday and Thursday NDXP Expirations.\24\ The Exchange 
also proposes to include the following market quality data, over sample 
periods determined by the Exchange and the Commission, for NDXP options 
(NDXP and standard NDX options) as part of the annual reports going 
forward: (1) time-weighted relative quoted spreads; (2) relative 
effective spreads; and (3) time-weighted bid and offer sizes.\25\
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    \18\ See id.
    \19\ See id. at 36904.
    \20\ See Securities Exchange Act Release No. 82341 (December 15, 
2017), 82 FR 60651 (December 21, 2017) (approving SR-Phlx-2017-79) 
(Order Approving a Proposed Rule Change, as Modified by Amendment 
No. 1 and Granting Accelerated Approval of Amendment No. 2, of a 
Proposed Rule Change To Establish a Nonstandard Expirations Pilot 
Program).
    \21\ See Notice, supra note 3, at 36904.
    \22\ See id.
    \23\ See id.
    \24\ See id.
    \25\ See id.
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Technical Amendments
    The Exchange also proposes to amend Options 5, Section 2, Order 
Protection. The Exchange proposes to remove a citation to paragraph (c) 
within Options 5, Section 2(a) because this rule has no paragraph 
(c).\26\ The Exchange proposes to amend Options 8, Section 2, 
Definitions, to update an incorrect citation to Rule 1(z). The proper 
citation is to General 1, Section 1(23).\27\ Finally, the Exchange 
proposes to amend Options 8, Section 30, Crossing, Facilitation and 
Solicited Orders to remove the stray word ``Rule.'' \28\
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    \26\ See id. at 36904-36905.
    \27\ See id. at 36905.
    \28\ See id.
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Implementation
    The Exchange proposes to implement this rule change on or before 
August 1, 2022. The Exchange will issue an Options Trader Alert to 
notify members and member organizations of the implementation date.\29\
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    \29\ See id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange 
and, in particular, with Section 6(b) of the Act.\30\ In particular, 
the Commission finds that the proposed rule change is consistent with 
Section 6(b)(5) of the Act,\31\ which requires, among other things, 
that a national securities exchange have rules 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 regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest.
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    \30\ 15 U.S.C. 78f(b). In approving this proposed rule change, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
    \31\ 15 U.S.C. 78f(b)(5).
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    As the Commission noted in its recent order approving the listing 
and trading of P.M.-settled options on the S&P 500 Index that expire on 
Tuesday or Thursday, the Commission has had concerns about the 
potential adverse effects and impact of P.M. settlement upon market 
volatility and the operation of fair and orderly markets on the 
underlying cash markets at or near the close of trading, including for 
cash-settled derivatives contracts based on a broad-based index.\32\ 
The potential impact today remains unclear, given the significant 
changes in the closing procedures of the primary markets in recent 
decades. The Commission is mindful of the historical experience with 
the impact of P.M. settlement of cash-settled index derivatives on the 
underlying cash markets, but recognizes that these risks may be 
mitigated today by the enhanced closing procedures that are now in use 
at the primary equity markets.
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    \32\ See Securities Exchange Act Release No. 94682 (April 12, 
2022), 87 FR 22993 (April 18, 2022) (CBOE-2022-005).
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    The Exchange's proposal to add Tuesday and Thursday NDXP 
Expirations to the existing Pilot Program would offer additional 
investment options to investors and may be useful for their investment 
or hedging objectives while providing the Commission with data to 
monitor the effects of Tuesday and Thursday NDXP Expirations and the 
impact of P.M. settlement on the markets. To assist the Commission in 
assessing any potential impact of Tuesday and Thursday NDXP Expirations 
on the options markets as well as the underlying cash equities markets, 
the Exchange will be required to submit data to the Commission in 
connection with the Pilot Program.\33\ Further, including the proposed 
Tuesday and Thursday NDXP

[[Page 47799]]

Expirations in the Pilot Program, together with the data and analysis 
that the Exchange will provide to the Commission, will allow the 
Exchange and the Commission to monitor for and assess any potential for 
adverse market effects of allowing Tuesday and Thursday NDXP 
Expirations, including on the underlying component stocks. In 
particular, the data collected from the Pilot Program will help inform 
the Commission's consideration of whether the Pilot Program, as amended 
to include Tuesday and Thursday NDXP Expirations, should be modified, 
discontinued, extended, or permanently approved. Furthermore, the 
Exchange's ongoing analysis of the Pilot Program should help it monitor 
any potential risks from large P.M.-settled positions and take 
appropriate action if warranted.
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    \33\ See Notice, supra note 3, at 36905.
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    Finally, the Commission believes that the proposed non-substantive 
technical amendments would remove or correct obsolete text and ensure 
internal consistency within the Exchange's rules.
    For the foregoing reasons, the Commission finds that the proposed 
rule change is consistent with the Ac t.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\34\ that the proposed rule change (SR-Phlx-2022-22), be, and 
hereby is, approved.
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    \34\ 15 U.S.C. 78s(b)(2).
    \35\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\35\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-16658 Filed 8-3-22; 8:45 am]
BILLING CODE 8011-01-P