[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Notices]
[Pages 25393-25397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09122]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-105365; File No. SR-ISE-2026-22]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
of Proposed Rule Change To Permit the Listing of A.M.-Settled Options 
on the Nasdaq-100 Index That Expire on Any Monday, Tuesday, Wednesday, 
Thursday, or Friday (Other Than the Third Friday-of-the-Month or Days 
That Coincide With an End-of-Month Expiration) and Expire on the Last 
Trading Day of the Month

May 5, 2026.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on April 28, 2026, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to permit the listing of A.M.-settled options 
on the Nasdaq-100[supreg] Index \3\ (``NDX'' or ``NDX options'') that 
expire (1) on any Monday, Tuesday, Wednesday, Thursday, or Friday 
(other than the third Friday-of-the-month or days that coincide with an 
end-of-month expiration) and (2) the last trading day of the month.
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    \3\ The Nasdaq-100 Index is a modified market capitalization-
weighted index. A description of the Nasdaq-100 Index is available 
on Nasdaq's website at https://indexes.nasdaqomx.com/docs/methodology_NDX.pdf. The Nasdaq-100 Index is a broad-based index, as 
defined in Options 4A, Section 3. See also: https://www.nasdaq.com/NDX_NDXP_Factsheet.
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    The text of the proposed rule change is available on the Exchange's 
website at https://listingcenter.nasdaq.com/rulebook/ise/rulefilings, 
and at the principal office of the Exchange.

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

[[Page 25394]]

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

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

1. Purpose
    The Exchange proposes to amend its rules to permit the listing of 
A.M.-settled NDX options that expire (1) on any Monday, Tuesday, 
Wednesday, Thursday, or Friday (other than the third Friday-of-the-
month or days that coincide with an end-of-month expiration) (``A.M.-
settled Weekly Expirations'') and (2) on the last trading day of the 
month (``EOMs'' or ``EOM Expirations'').

Background

    When cash-settled \4\ index options were first introduced in the 
1980s, they generally utilized closing-price settlement procedures 
(i.e., P.M.-settlement).\5\ At the time, the Commission was concerned 
with the impact of P.M.-settled, cash-settled index options on the 
underlying cash equities markets, and in particular, added market 
volatility and sharp price movements near the close on expiration 
days.\6\ These concerns were particularly heightened during the 
``triple-witching'' hour on the third Friday of March, June, September, 
and December when index options, index futures, and options on index 
futures expired concurrently.\7\ Academic research at the time provided 
at least some evidence suggesting that futures and options expirations 
contributed to excess volatility and reversals around the close on 
those days.\8\ In light of the concerns with P.M.-settlement and to 
help ameliorate the price effects associated with expirations of P.M.-
settled, cash-settled index products, in 1987, the Commodity Futures 
Trading Commission approved a proposed rule change by the Chicago 
Mercantile Exchange (``CME'') to provide for A.M.-settlement \9\ for 
index futures, including futures on the S&P 500 Index.\10\ The 
Commission subsequently approved a proposed rule change by Cboe 
Exchange, Inc. (``Cboe'') to list and trade a.m.- settled options on 
the S&P 500 Index.\11\ In 1992, the Commission approved Cboe's proposal 
to transition all of its European-style cash-settled options on the S&P 
500 Index to A.M.-settlement.\12\
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    \4\ The seller of a ``cash-settled'' index option pays out the 
cash value of the applicable index on expiration or exercise. A 
``physical delivery'' option, like equity and ETF options, involves 
the transfer of the underlying asset rather than cash. See 
Characteristics and Risks of Standardized Options, available at: 
https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document.
    \5\ See Securities Exchange Act Release No. 65256 (September 2, 
2011), 76 FR 55969, at 55972 (September 9, 2011) (SR-C2-2011-008) 
(Order approving proposed rule change to establish a pilot program 
to list and trade SPXPM options on the C2 Options Exchange, 
Incorporated).
    \6\ See id.
    \7\ See id.
    \8\ See Securities and Exchange Commission, Division of Economic 
Risk and Analysis, Memorandum dated February 2, 2021 on Cornerstone 
Analysis of PM Cash-Settled Index Option Pilots (September 16, 2020) 
(``Pilot Memo'') at 5, available at: https://www.sec.gov/files/Analysis_of_PM_Cash_Settled_Index_Option_Pilots.pdf (citing, among 
other papers, Stoll, Hans R., and Robert E. Whaley, ``Expiration day 
effects of index options and futures,'' Monograph Series in Finance 
and Economics, no. 3 (1986)).
    \9\ The term ``A.M.-settled index option'' means an index 
options contract for which the current index value at expiration 
shall be determined as provided in Options 4A, Section 12(a)(5). See 
Options 4A, Section 2(c).
    \10\ See Proposed Amendments Relating to the Standard and Poor's 
500, the Standard and Poor's 100 and the Standard Poor's OTC Stock 
Price Index Futures Contract, 51 FR 47053 (December 30, 1986) 
(notice of proposed rule change from the CME). See also Securities 
Exchange Act Release No. 24367 (April 17, 1987), 52 FR 13890 (April 
27, 1987) (SR-CBOE-87-11) (noting that the CME moved the S&P 500 
futures contract's settlement value to opening prices on the 
delivery date).
    \11\ See Securities Exchange Act Release No. 24367 (April 17, 
1987), 52 FR 13890 (April 27, 1987) (SR-CBOE-87-11).
    \12\ See Securities Exchange Act Release No. 30944 (July 21, 
1992), 57 FR 33376 (July 28, 1992) (SR-CBOE-92-09). The Commission 
also approved proposals by other options markets to transfer most of 
their cash-settled index products to A.M.-settlement. See, e.g., 
Securities Exchange Act Release No. 25804 (June 15, 1988), 53 FR 
23475 (June 22, 1988) (SR-NYSE-87-11 and 88-04).
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    In 1993, the Commission approved a proposed rule change allowing 
Cboe to list P.M.- settled options on certain broad-based indexes, 
including the S&P 500, expiring at the end of each calendar quarter 
(since approved as permanent).\13\ Starting in 2006, the Commission 
approved a number of proposals, on a pilot basis, permitting Cboe and 
other options exchanges to introduce other index options with P.M.-
settlement.\14\ These include P.M.-settled index options expiring 
weekly (other than the third Friday) and at the end of each month.\15\ 
Subsequently, other exchanges, including ISE, sought to permit the 
listing and trading of p.m.-settled options on certain broad-based 
indices. In February 2018, the Commission approved ISE's nonstandard 
expirations pilot program on a pilot basis (``Nonstandard Pilot'').\16\ 
Specifically, ISE was permitted to 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).\17\ 
The Commission subsequently approved a proposed rule change to amend 
the Nonstandard Expirations Program to allow the Exchange to also list 
P.M.-settled Tuesday and Thursday expirations on the Nasdaq-100.\18\ In 
2023, ISE received approval for P.M.-settled index options expiring on 
the third Friday-of-the-month.\19\
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    \13\ See Securities Exchange Act Release No. 31800 (February 1, 
1993), 58 FR 7274 (February 5, 1993) (SR-CBOE-92-13). See also 
Securities Exchange Act Release Nos. 54123 (July 11, 2006), 71 FR 
40558 (July 17, 2006) (SR-CBOE-2006-65); and 60164 (June 23, 2009), 
74 FR 31333 (June 30, 2009) (SR-CBOE-2009-029).
    \14\ In 2006, the Commission approved a proposed rule change 
allowing the then International Securities Exchange, Inc. to list 
and trade options series on indexes or on Exchange Traded Fundsthat 
that expire at the close of business (P.M.-settled) on the last day 
of a calendar quarter (``Quarterly Options Series''). See Securities 
Exchange Act Release No. 60275 (July 9, 2009), 74 FR 34809 (July 17, 
2009) (SR-ISE-2009-50) (Notice of Filing and Immediate Effectiveness 
of Proposed Rule Change To Permanently Establish the Quarterly 
Options Series Pilot Program).
    \15\ See Securities Exchange Act Release Nos. 62911 (September 
14, 2010), 75 FR 57539 (September 21, 2010) (SR-CBOE-2009-075); 
76529 (November 30, 2015), 80 FR 75695 (December 3, 2015) (SR-CBOE-
2015-106); and 78531 (August 10, 2016), 81 FR 54643 (August 16, 
2016) (SR-CBOE-2016-046).
    \16\ See Securities Exchange Act Release No. 92612 (February 1, 
2018), 83 FR 5470 (February 7, 2018) (SR-ISE-2017-111).
    \17\ See id.
    \18\ See Securities Exchange Act Release No. 95393 (July 29, 
2022), 87 FR 47807 (August 4, 2022) (SR-ISE-2022-13).
    \19\ See Securities Exchange Act Release No. 98643 (September 
29, 2023), 88 FR 68841 (October 4, 2023) (SR-ISE-2023-20).
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Current Rules
    Currently, under the Nonstandard Expirations Program set forth in 
Supplementary Material .07(a) to Options 4A, Section 12, the Exchange 
may open for Weekly Expirations on any broad-based index eligible for 
standard options trading to expire on any Monday, Tuesday, Wednesday, 
Thursday or Friday (other than the third Friday-of-the-month or days 
that coincide with an EOM expiration). Further, under its current 
rules, the Exchange may open for trading standard monthly expirations 
with A.M.-settlement on the third Friday-of the-month,\20\ Weekly 
Expirations with P.M.-

[[Page 25395]]

settlement \21\ (including P.M.-settled Third Friday Index Options); 
\22\ and EOM expirations with P.M.-settlement.\23\
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    \20\ See Options 4A, Section 12(a)(3) and (4).
    \21\ See Supplementary Material .07(a) to Options 4A, Section 
12.
    \22\ See Options 4A, Section 12(a)(6)(i).
    \23\ See Supplementary Material .07(b) to Options 4A, Section 
12.
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Proposal
    The Exchange now proposes to amend its rules to permit the listing 
of A.M.-settled Weekly and EOM Expirations on NDX options.
    The Exchange proposes to amend Supplementary Material .07 to 
Options 4A, Section 12 which governs its Nonstandard Expirations 
Program, to permit A.M.-settled NDX options that expire (1) on any 
Monday, Tuesday, Wednesday, Thursday, or Friday (other than the third 
Friday-of-the-month (``Expiration Friday'') or days that coincide with 
an EOM expiration) (``A.M.- settled Weekly Expirations'') and (2) EOMs.
    A.M.-settled Weekly Expirations and EOM Expirations on NDX are 
subject to all provisions of Options 4A, Section 12 and treated the 
same as A.M.-settled options on NDX that expire on the third Friday of 
the expiration month, as well as P.M.-settled Weekly and EOM NDX 
options. The maximum number of expirations that may be listed for each 
A.M.-settled Weekly Expiration on NDX options (i.e., a A.M.-settled 
Monday expiration, A.M.-settled Tuesday expiration, A.M.-settled 
Wednesday expiration, A.M.-settled Thursday Expiration, or A.M.-settled 
Friday expiration, as applicable) \24\ and each A.M.-settled EOM 
Expiration on NDX options is the same as the maximum number of 
expirations permitted in Options 4A, Section 12(a)(3) for standard 
options on NDX. A.M.-settled Weekly Expirations on NDX need not be for 
consecutive Monday, Tuesday, Wednesday, Thursday, or Friday expirations 
as applicable; however, the expiration date of a nonconsecutive 
expiration may not be beyond what would be considered the last 
expiration date if the maximum number of expirations were listed 
consecutively. A.M.-settled Weekly Expirations that are first listed in 
NDX options may expire up to four weeks from the actual listing date. 
Similarly, A.M.-settled EOMs on NDX need not be for consecutive end of 
month expirations; 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. A.M.-settled EOMs that are first listed in NDX options 
may expire up to four weeks from the actual listing date. If the 
Exchange lists A.M.-settled EOMs and A.M.-settled Weekly Expirations on 
NDX, the Exchange will list an A.M.-settled EOM instead of an A.M.-
settled Weekly Expiration that expires on the same day in the given 
class. Other expirations in the same class are not counted as part of 
the maximum number of Weekly or EOM Expirations for NDX.
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    \24\ As part of the proposed changes, the Exchange proposes 
conforming amendments to Supplementary Material .07(a) and (b) to 
Options 4A, Section 12 to replace certain existing references to 
``Weekly Expirations'' with ``P.M.-settled Weekly Expirations,'' to 
reflect that those provisions are applicable to P.M.-settled options 
series and to distinguish them from the A.M.-settled Weekly 
Expirations proposed. For the avoidance of doubt, there are no 
changes to the P.M.-settled Weekly Expirations or EOMs as a result 
of the proposed change. The Exchange also proposes to remove 
language stating that Weekly Expirations and EOMs shall be P.M-
settled.
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    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 Tuesday, Wednesday, Thursday, or Friday, the normally 
Tuesday, Wednesday, Thursday, or Friday expiring Weekly Expirations 
will expire on the previous business day. If two different Weekly 
Expirations on an index 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.
    The Exchange believes that the introduction of A.M.-settled Weekly 
Expirations and EOMs on NDX options will provide market participants 
with additional hedging tools and greater trading opportunities. By 
offering expanded expirations along with the current standard A.M.-
settled expirations (as well as P.M.-settled weekly, monthly and 
quarterly expirations), the proposed rule change will allow market 
participants to purchase options on NDX available for trading on the 
Exchange in a manner more aligned with specific timing needs (such as 
to hedge special events) and more effectively tailor their investment 
and hedging strategies and manage their portfolios.
    The Exchange believes that expanding the NDX options offering to 
include A.M.-Settled Weekly and EOM Expirations would allow market 
participants to purchase an option based on their needed timing and 
allow them to tailor their investment or hedging needs more 
effectively. Further, the Exchange believes there is sufficient 
investor interest and demand in A.M-settled Weekly and EOM Expirations 
on NDX options to inclusion in the Nonstandard Expirations Program and 
in the Rules, and that the Nonstandard Expirations Program and the 
Rules, as amended, will continue to provide investors with additional 
means of managing their risk exposures and carrying out their 
investment objectives.
    With regard to the impact of this proposal on system capacity, the 
Exchange has analyzed its capacity and represents that it believes that 
the Exchange has the necessary systems capacity to handle any potential 
additional traffic associated with trading of A.M-Settled Weekly 
Expirations and EOM Expirations for NDX options. The Options Price 
Reporting Authority (``OPRA'') also informed the Exchange it believes 
it has the necessary systems capacity to handle the additional traffic 
associated with the listing of A.M-Settled Weekly Expirations and EOM 
Expirations for NDX options that would result from this proposed rule 
change.
    The Exchange does not believe that its Members will experience any 
capacity issues as a result of this proposal and represents that it 
will monitor the trading volume associated with any possible additional 
NDX options series listed as a result of this proposal and the effect 
(if any) of these additional series on market fragmentation and on the 
capacity of the Exchange's automated systems.
    In addition to this, the Exchange believes that its existing 
surveillance and reporting safeguards in place are adequate to deter 
and detect possible manipulative behavior which might arise from 
listing and trading A.M-settled Weekly and EOM Expirations for NDX 
options (as the Exchange currently applies these to NDX options that 
are A.M.-settled with standard expirations, as well as P.M.-settled 
with weekly, monthly and quarterly expirations) and will support the 
protection of investors and the public interest. Furthermore, the 
trading of A.M-settled Weekly and EOM Expirations for NDX options will 
be subject to the same rules that currently govern the trading of these 
options with other expirations, including governing customer accounts, 
position and exercise limits,\25\ margin requirements and trading halt 
procedures, among other Rules, which are designed to prevent fraudulent 
and manipulative acts and practices.
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    \25\ There are no position limits for NDX Options pursuant to 
Options 4A, Section 6(a).
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    In response to any potential concerns that disruptive trading 
conduct could occur as a result of the concurrent

[[Page 25396]]

listing and trading of two index option products based on the same 
index but for which different settlement methodologies exist (i.e., one 
is A.M.-settled and one is P.M.-settled), the Exchange notes that Cboe, 
for roughly five years (1987 to 1992), listed and traded an A.M.-
settled S&P 500 index option under symbol NSX at the same time it 
listed and traded a P.M.-settled S&P 500 index option under symbol SPX, 
and Cboe noted that it did not observe any market disruptions as a 
result of offering both products.\26\
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    \26\ See Securities Exchange Act Release No. 105320 (April 28, 
2026) (not yet published) (SR-Cboe-2026-044). Further, Cboe noted in 
its rule proposal that currently A.M.-settled SPX options and P.M.-
settled SPX options trade under different symbols (i.e., SPX and 
SPXW, respectively).
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    The adoption of trading of A.M-settled Weekly and EOM Expirations 
on the Nasdaq-100 Index on the same exchange as A.M.-settled (with 
standard expirations) and P.M-settled options on the Nasdaq-100 Index 
would provide greater spread opportunities. This manner of trading 
allows a market participant to take advantage of the different 
expiration times, which provides expanded trading opportunities. In the 
options market currently, market participants regularly trade similar 
or related products in conjunction with each other, which contributes 
to overall market liquidity.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\27\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\28\ 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 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. Additionally, the Exchange 
believes the proposed rule change is consistent with the Section 
(6)(b)(5) \29\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \27\ 15 U.S.C. 78f(b).
    \28\ 15 U.S.C. 78f(b)(5).
    \29\ 15 U.S.C. 78(f)(b)(5).
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    In particular, the Exchange believes that the proposed rule change 
will 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. The Exchange believes that the 
introduction of A.M-settled Weekly and EOM Expirations for NDX options 
will provide investors with expanded hedging tools and greater trading 
opportunities. As a result, investors will have additional means to 
manage their risk exposures and carry out their investment objectives. 
By offering expanded expirations along with the current standard A.M.-
settled expirations (as well as P.M.-settled weekly, monthly and 
quarterly expirations), the proposed rule change will allow market 
participants to purchase options on NDX available for trading on the 
Exchange in a manner more aligned with specific timing needs (such as 
to hedge special events) and more effectively tailor their investment 
and hedging strategies and manage their portfolios. For example, the 
proposed rule change will allow market participants to spread risk 
across more trading days and incorporate daily changes in the markets, 
which may reduce the premium cost of buying protection. The Exchange 
represents that it believes that it has the necessary systems capacity 
to support any additional traffic associated with trading of A.M-
settled Weekly and EOM Expirations for NDX options and does not believe 
that its Members will experience any capacity issues as a result of 
this proposal.
    The Exchange does not believe that the addition of A.M-settled 
Weekly and EOM Expirations for NDX options to the Nonstandard 
Expirations Program will raise any prohibitive regulatory concerns, nor 
adversely impact fair and orderly markets on expiration days. The 
Exchange has not experienced any meaningful regulatory concerns, nor 
adverse impact on fair and orderly markets, in connection with these 
programs, nor with the listing of standard A.M.-settled expirations for 
NDX options along with P.M.-settled expirations, (as the Exchange 
currently does) and is unaware of any reason why adding A.M.-settled 
options with expirations each day of the week for NDX options would be 
create such concerns or impact. Particularly, the Exchange does not 
believe increases in the number of options series and expirations will 
have any significant adverse economic impact on the futures, index, or 
underlying index component securities markets. The Exchange believes 
that the proposed rule change will provide investors with greater 
trading and hedging opportunities and flexibility, allowing them to 
transact in NDX options in a manner more aligned with specific timing 
needs and more effectively tailor their investment and hedging 
objectives by listing these A.M-settled options that expire each 
trading day of the week, in addition to options that expire at on the 
third Friday-of-the-month or that are P.M-settled and expire daily, 
monthly and quarterly (which, as noted above, the Exchange may already 
do pursuant to separate listing programs in the Rules).
    The Commission previously recognized the benefits of A.M-settlement 
for broad-based index options when it approved Cboe Options' proposal 
to transition most of its cash-settled index options, including on the 
S&P 500 Index, to A.M.-settlement.\30\ Specifically, the Commission 
identified several advantages of opening price settlement, including: 
(1) the ability to facilitate contra-side interest to alleviate order 
imbalances caused by the unwinding of index-related positions, without 
requiring market participants to assume overnight or weekend position 
risk; (2) providing market participants the remainder of the trading 
day to adjust to price movements resulting from expiration activity and 
assess whether those movements reflect changes in fundamental value or 
short-term supply and demand; and (3) allowing stock positions 
associated with expiring contracts to benefit from orderly opening 
procedures designed to facilitate price discovery.\31\
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    \30\ See Securities Exchange Act Release No. 30944 (July 21, 
1992), 57 FR 33376 (July 28, 1992) (SRCBOE-92-09). Thereafter, the 
Commission approved proposals by the options markets to transfer 
most of their cash-settled index products to A.M. settlement.
    \31\ See Securities Exchange Act Release No. 30944 (July 21, 
1992), 57 FR 33376 (July 28, 1992) (SRCBOE-92-09). Thereafter, the 
Commission approved proposals by the options markets to transfer 
most of their cash-settled index products to A.M. settlement.
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    The Exchange believes the benefits set forth by the Commission are 
not unique to standard monthly expirations. Specifically, as daily and 
end-of-month P.M.-settled NDX expirations have grown in prominence, the 
same concerns regarding order imbalance and price discovery could arise 
at any expiration (not just the third Friday of each month). 
Accordingly, the Exchange believes that extending A.M.-settlement to 
daily and end-of-month expirations is consistent with the Commission's 
own rationale, and would provide market participants with those same 
protections across the full expiration calendar.
    Finally, the Exchange believes its proposal to introduce changes to 
specify between A.M.-settled Weekly Expirations and P.M.-settled Weekly 
Expirations are reasonable, as they

[[Page 25397]]

provide clarity within the Exchange rules, thereby mitigating potential 
investor 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 does not believe that the proposed rule change will 
impose any burden on intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because A.M.-
settled NDX options with Weekly and EOM Expirations will be available 
to all market participants. By listing NDX options with these 
expirations (in addition to the standard Expiration Friday expirations 
(A.M.-settled) and weekly and EOM expirations (P.M.-settled) that are 
currently listed), the proposed rule change will provide all investors 
that participate in the markets for these index options available for 
trading on the Exchange with greater trading and hedging opportunities 
and flexibility to meet their investment and hedging needs.
    The Exchange does not believe that the proposal to list A.M.-
settled NDX options with Weekly and EOM Expirations will impose any 
burden on intermarket competition that is not necessary or appropriate 
in furtherance of the purposes of the Act because these options are 
proprietary Exchange products. To the extent that the addition of these 
expirations for NDX options makes the Exchange a more attractive 
marketplace to market participants at other exchanges, such market 
participants are free to elect to become market participants on the 
Exchange. Further, to other exchanges offer ``nonstandard'' expirations 
\32\ for index options and are welcome to similarly propose to list 
options on those index or equity products with similar expirations as 
proposed herein. Finally, as noted above, NDX options with these 
expirations will trade in the same manner as other options with these 
expirations.
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    \32\ Cboe's Nonstandard Expirations Program, set forth in Rule 
4.13(e), permits Cboe to open for trading (1) Weekly Expirations on 
any broad-based index eligible for standard options trading and on 
CBTX, MBTX, and the Cboe Magnificent 10 Index to expire on any 
Monday, Tuesday, Wednesday, Thursday, or Friday (other than the 
third Friday-of-the-month or days that coincide with an EOM 
expiration) and (2) EOMs on any broad-based index eligible for 
standard options trading and on CBTX, MBTX, and the Cboe Magnificent 
10 Index to expire on last trading day of the month.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
file number SR-ISE-2026-22 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-ISE-2026-22. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the filing will be available for inspection and 
copying at the principal office of the Exchange. Do not include 
personal identifiable information in submissions; you should submit 
only information that you wish to make available publicly. We may 
redact in part or withhold entirely from publication submitted material 
that is obscene or subject to copyright protection. All submissions 
should refer to file number SR-ISE-2026-22 and should be submitted on 
or before May 29, 2026.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2026-09122 Filed 5-7-26; 8:45 am]
BILLING CODE 8011-01-P