Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Remove Rule Text From Phlx Rule 1101A, 63910-63912 [2019-24978]
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63910
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change 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:
khammond on DSKJM1Z7X2PROD with NOTICES
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CboeEDGX–2019–069 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–CboeEDGX–2019–069. 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
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeEDGX–2019–069 and
VerDate Sep<11>2014
16:47 Nov 18, 2019
Jkt 250001
should be submitted on or before
December 10, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–24968 Filed 11–18–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–87517; File No. SR–Phlx–
2019–49]
Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Remove Rule Text
From Phlx Rule 1101A
November 13, 2019.
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 November
8, 2019, Nasdaq PHLX LLC (‘‘Phlx’’ 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to remove
rule text from Phlx Rule 1101A, ‘‘Terms
of Options Contracts’’ at Commentary
.05 in connection to the listing of P.M.settled Nasdaq-100 Index Options
expiring on the third Friday of the
month (‘‘NDXPM’’).
The Exchange also proposes to
remove other obsolete rule text
regarding indices within Rule
1101A(1)(2), Rule 1104A, ‘‘SIG Indices,
LLLP’’, Rule 1106A, ‘‘Lehman Brothers
Inc. Indexes’’, Rule 1108A, ‘‘MSCI EM
Index’’ and Rule 1109A ‘‘MSCI EAFE
Index.’’
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqphlx.cchwallstreet.com/,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
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Frm 00074
Fmt 4703
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II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Phlx proposes to remove rule text
from Phlx Rule 1101A, ‘‘Terms of
Options Contracts’’ at Commentary .05
in connection to the listing of P.M.settled Nasdaq-100 Index Options
expiring on the third Friday of the
month (‘‘NDXPM’’). The Exchange also
proposes to remove other obsolete rule
text regarding indices within Rule
1101A(1)(2), Rule 1104A, ‘‘SIG Indices,
LLLP’’, Rule 1106A, ‘‘Lehman Brothers
Inc. Indexes’’, Rule 1108A, ‘‘MSCI EM
Index’’ and Rule 1109A ‘‘MSCI EAFE
Index.’’
Pilot
In August 2017, the Commission
approved a proposed rule change for the
listing of NDXPM options on a pilot
basis on Phlx, with the Pilot to
terminate on the earlier to occur of (i)
12 months following the date of the first
listing of the NDXPM options, or (ii)
December 29, 2018 pursuant to Phlx
Rule 1101A, ‘‘Terms of Options
Contracts’’ Commentary .05.3 By way of
background, the Pilot permitted the
listing and trading, on a pilot basis, of
NASDAQ–100 options with thirdFriday-of-the month expiration dates,
whose exercise settlement value was
based on the closing index value,
symbol XQC, of the NASDAQ–100 on
the expiration day (‘‘P.M.-settled’’).
3 See Securities Exchange Act Release No. 81293
(August 2, 2017), 82 FR 37138 (August 8, 2017)
(approving SR–Phlx–2017–04) (Order Granting
Approval of a Proposed Rule Change, as Modified
by Amendment Nos. 1 and 2, To Permit the Listing
and Trading of P.M.-Settled Nasdaq-100 Index
Options on a Pilot Basis) See also Securities
Exchange Act Release No. 85692 (April 18, 2019),
84 FR 17213 (April 24, 2019) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
To Extend the Pilot Period for the Listing of P.M.Settled Nasdaq-100 Index Options Expiring on the
Third Friday of the Month)(‘‘Pilot’’).
E:\FR\FM\19NON1.SGM
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Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
The Exchange extended the pilot
through May 6, 2019, and, subsequently
through November 4, 2019, because
P.M.-settled options on the NASDAQ–
100 Index (‘‘NASDAQ–100’’) had not
yet been listed by Phlx.4 The Exchange
did not renew this Pilot a third time and
therefore the Pilot expired on November
4, 2019.
At this time, the Exchange proposes to
remove Commentary .05 to Phlx Rule
1101A as this Pilot has expired. The
Exchange also proposes to renumber
Commentary .06 to Phlx 1101A as .05.
khammond on DSKJM1Z7X2PROD with NOTICES
Other Amendments
The Exchange proposes to remove the
following indexes at Rule
1001A(a)(2)(xxii) SIG Oil Exploration &
Production IndexTM, (xxiv) KBW
Capital Markets Index, (xxv) KBW
Insurance Index, (xxvi) KBW Mortgage
Finance Index, (xxvii) KBW Regional
Banking Index, (xxxiii) NASDAQ China
IndexSM, and (xxxiv) SIG Energy MLP
IndexTM. The Exchange proposes to
remove the reserved rules and re-letter
the remaining rule text. These indexes
are no longer traded so the rule text is
obsolete. There is no outstanding
interest in any of the aforementioned
indexes. If Phlx determines to list any
of these indexes at a future date the
Exchange will file a proposal with the
Commission.
The Exchange proposes to remove
other obsolete rule text regarding
indices. The Exchange no longer lists
SIG Indices and therefore proposes to
remove rule text which permits the
listing of such index options within
Rule 1104A, ‘‘SIG Indices, LLLP.’’ The
Exchange no longer lists Lehman
Brothers Indexes and therefore proposes
to remove rule text which permits the
listing of such index options within
Rule 1106A, ‘‘Lehman Brothers Inc.
Indexes.’’ The Exchange also no longer
lists the MSCI EM or MSCI EAFE index
options. The Exchange proposes to
remove Rule 1108A, ‘‘MSCI EM Index’’
and Rule 1109A ‘‘MSCI EAFE Index.’’
There is no outstanding interest in any
of the aforementioned indexes. These
indexes have not been listed in some
time on Phlx. If Phlx determines to list
any of these indexes at a future date the
4 See Securities Exchange Act Release Nos. 84685
(November 29, 2019), 83 FR 62942 (December 6,
2018) (SR–Phlx–2018–76) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change
To Amend the Pilot Period for the Listing of P.M.Settled Nasdaq-100 Index Options Expiring on the
Third Friday of the Month) and 85692 (April 18,
2019), 84 FR 17213 (April 24, 2019) (SR–Phlx–
2019–16) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Extend
the Pilot Period for the Listing of P.M.-Settled
Nasdaq-100 Index Options Expiring on the Third
Friday of the Month).
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16:47 Nov 18, 2019
Jkt 250001
Exchange will file a proposal with the
Commission.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,5 in general, and furthers the
objectives of Section 6(b)(5) of the Act,6
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest. The
Exchange believes that removing the
rule text related to the expired Pilot
within Commentary .05 to Phlx Rule
1101A will protect investors and the
public interest by avoiding confusion as
to the existence of this Pilot. Further the
Exchange believes that removing
obsolete language related to the listing
of index options which have not been
listed for some time on Phlx will also
protect investors and the public interest
by avoiding confusion as to the
availability of these listings. There is no
outstanding interest in any of the
aforementioned indexes. If Phlx
determines to list any of these indexes
at a future date the Exchange will file a
proposal with the Commission.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. With the
expiration of the Pilot, NDXPM options
would not be listed by Phlx and
therefore would not be available to any
market participant. Further, no market
participant may trade any of the index
options which are being deleted.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change
does not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
5 15
6 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00075
Fmt 4703
Sfmt 4703
63911
become effective pursuant to Section
19(b)(3)(A) of the Act 7 and
subparagraph (f)(6) of Rule 19b–4
thereunder.8
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
change 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
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
Phlx–2019–49 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–Phlx–2019–49. 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
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
7 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
8 17
E:\FR\FM\19NON1.SGM
19NON1
63912
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
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–Phlx–2019–49 and should
be submitted on or before December 10,
2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Jill M. Peterson,
Assistant Secretary.
BILLING CODE 8011–01–P
[Release No. 34–87522; File No. SR–LCH
SA–2019–009]
November 13, 2019.
khammond on DSKJM1Z7X2PROD with NOTICES
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 October
29, 2019, Banque Centrale de
Compensation, which conducts
business under the name LCH SA (‘‘LCH
SA’’), filed with the Securities and
Exchange Commission (‘‘Commission’’)
the proposed rule change described in
Items I, II, and III below, which Items
have been prepared primarily by LCH
SA. The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
16:47 Nov 18, 2019
LCH SA CDSClear currently clears
CDS on a number of indices such as
iTraxx Main, iTraxx Cross-over, iTraxx
Senior Financials as well as all the
Single Name constituents of these
indices. The iTraxx Subordinated
Financials indices will soon be made
eligible for clearing as well. Indices and
their constituents are currently managed
and margined as independent
instruments. However, market
participants may execute Index Basis
Packages consisting of an Index CDS
trade and individual Single Name CDS
trades on each of the reference entities
constituents of such Index perfectly
offsetting the index.
The following criteria would need to
be required to constitute an Index Basis
Package:
• The package is constituted of an Index
CDS and Single Names CDS on all the
entities constituting the index
• The position (Long/Short) on the
Index offsets the positions on the
Single Names (Short/Long).
• The notional of the Index and across
all the Singles Names match exactly
3 All capitalized terms not defined herein have
the same definition as the Rule Book, Supplement
or Procedures, as applicable.
1 15
VerDate Sep<11>2014
A. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change.
(a) Index Basis Package Principles
Self-Regulatory Organizations; LCH
SA; Notice of Filing of Proposed Rule
Change Relating to Amendments to
CDSClear Reference Guide To Allow
Index Basis Packages Margining
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
In its filing with the Commission,
LCH SA 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. LCH SA has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of these statements.
LCH SA CDSClear is proposing to
amend its CDSClear Risk Methodology
in order to consider any relevant and
identified Index Basis Packages
identified as a single instrument.
SECURITIES AND EXCHANGE
COMMISSION
9 17
II. Clearing Agency’s Statement of the
Purpose of, and Statutory Basis for, the
Proposed Rule Change
1. Purpose
[FR Doc. 2019–24978 Filed 11–18–19; 8:45 am]
I. Clearing Agency’s Statement of the
Terms of Substance of the Proposed
Rule Change
Banque Centrale de Compensation,
which conducts business under the
name LCH SA (‘‘LCH SA’’), is proposing
to amend its (i) Reference Guide:
CDSClear Margin Framework (the
‘‘CDSClear Risk Methodology’’) in order
to allow Index Basis Packages margining
as a single instrument.
The text of the proposed rule change
has been annexed as Exhibit 5.3
Jkt 250001
PO 00000
Frm 00076
Fmt 4703
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• All the Single Names CDS trades to
have the same currency, coupon and
maturity as the Index CDS
• All the Single Name CDS trades to
have the same Seniority, ISDA
Definition and Restructuring Clause
than as constituents of the Index
Clearing Members and/or Clients will
be required to identify all trades being
part of an Index Basis Package and to
notify LCH SA CDSClear. CDSClear
would then perform controls to ensure
all principles and requirements stated
above for qualifying the trades as an
Index Basis Package are satisfied and
would flag them with a common ID
number. These trades will continue to
be margined as different trades until
these tasks and controls have been fully
completed and the qualification as an
Index Basis Package confirmed.
Once an Index Basis Package is
validated as complete, the margin
enhancement proposed in the current
rule change would then be applied as
part of the overnight margin calculation.
In order to ensure that the trades
continue to meet the criteria of an Index
Basis Package, controls will be
performed every day at the start of the
overnight batch process.
Index Basis Packages identified and
flagged as such will be excluded from
compression runs with the rest of the
portfolio in order to avoid breaking any
packages.
Index Basis Packages can be unflagged as such at the Clearing Member
and/or Client’s request. The Index CDS
and the Single Name CDS would then
be treated and margined separately as
per the current framework.
In case of a Clearing Member’s
default, CDSClear will have the ability
to liquidate Index Basis Packages in a
dedicated auction should it be advised
to do so by the Default Management
Group in order to minimize the
liquidation costs.
(b) Proposed Changes to CDSClear Risk
Methodology
In order to take into account the
specific risk created by Index Basis
Packages positions, LCH SA proposes to
amend the calculation of the Spread
Margin and the calculation of the
Liquidity Charge Margin as described in
its Reference Guide, CDSClear Margin
Framework.
LCH SA CDSClear currently considers
an Index Basis Package as multiple
instruments in the calculation of its
Spread Margin. In accordance with the
portfolio margining requirements under
Article 27 of Commission Delegated
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Agencies
[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63910-63912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24978]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-87517; File No. SR-Phlx-2019-49]
Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Remove Rule Text
From Phlx Rule 1101A
November 13, 2019.
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 November 8, 2019, Nasdaq PHLX LLC (``Phlx'' 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.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to remove rule text from Phlx Rule 1101A,
``Terms of Options Contracts'' at Commentary .05 in connection to the
listing of P.M.-settled Nasdaq-100 Index Options expiring on the third
Friday of the month (``NDXPM'').
The Exchange also proposes to remove other obsolete rule text
regarding indices within Rule 1101A(1)(2), Rule 1104A, ``SIG Indices,
LLLP'', Rule 1106A, ``Lehman Brothers Inc. Indexes'', Rule 1108A,
``MSCI EM Index'' and Rule 1109A ``MSCI EAFE Index.''
The text of the proposed rule change is available on the Exchange's
website at https://nasdaqphlx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Phlx proposes to remove rule text from Phlx Rule 1101A, ``Terms of
Options Contracts'' at Commentary .05 in connection to the listing of
P.M.-settled Nasdaq-100 Index Options expiring on the third Friday of
the month (``NDXPM''). The Exchange also proposes to remove other
obsolete rule text regarding indices within Rule 1101A(1)(2), Rule
1104A, ``SIG Indices, LLLP'', Rule 1106A, ``Lehman Brothers Inc.
Indexes'', Rule 1108A, ``MSCI EM Index'' and Rule 1109A ``MSCI EAFE
Index.''
Pilot
In August 2017, the Commission approved a proposed rule change for
the listing of NDXPM options on a pilot basis on Phlx, with the Pilot
to terminate on the earlier to occur of (i) 12 months following the
date of the first listing of the NDXPM options, or (ii) December 29,
2018 pursuant to Phlx Rule 1101A, ``Terms of Options Contracts''
Commentary .05.\3\ By way of background, the Pilot permitted the
listing and trading, on a pilot basis, of NASDAQ-100 options with
third-Friday-of-the month expiration dates, whose exercise settlement
value was based on the closing index value, symbol XQC, of the NASDAQ-
100 on the expiration day (``P.M.-settled'').
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 81293 (August 2,
2017), 82 FR 37138 (August 8, 2017) (approving SR-Phlx-2017-04)
(Order Granting Approval of a Proposed Rule Change, as Modified by
Amendment Nos. 1 and 2, To Permit the Listing and Trading of P.M.-
Settled Nasdaq-100 Index Options on a Pilot Basis) See also
Securities Exchange Act Release No. 85692 (April 18, 2019), 84 FR
17213 (April 24, 2019) (Notice of Filing and Immediate Effectiveness
of Proposed Rule Change To Extend the Pilot Period for the Listing
of P.M.-Settled Nasdaq-100 Index Options Expiring on the Third
Friday of the Month)(``Pilot'').
---------------------------------------------------------------------------
[[Page 63911]]
The Exchange extended the pilot through May 6, 2019, and,
subsequently through November 4, 2019, because P.M.-settled options on
the NASDAQ-100 Index (``NASDAQ-100'') had not yet been listed by
Phlx.\4\ The Exchange did not renew this Pilot a third time and
therefore the Pilot expired on November 4, 2019.
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release Nos. 84685 (November 29,
2019), 83 FR 62942 (December 6, 2018) (SR-Phlx-2018-76) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the Pilot Period for the Listing of P.M.-Settled Nasdaq-100 Index
Options Expiring on the Third Friday of the Month) and 85692 (April
18, 2019), 84 FR 17213 (April 24, 2019) (SR-Phlx-2019-16) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Pilot Period for the Listing of P.M.-Settled Nasdaq-100 Index
Options Expiring on the Third Friday of the Month).
---------------------------------------------------------------------------
At this time, the Exchange proposes to remove Commentary .05 to
Phlx Rule 1101A as this Pilot has expired. The Exchange also proposes
to renumber Commentary .06 to Phlx 1101A as .05.
Other Amendments
The Exchange proposes to remove the following indexes at Rule
1001A(a)(2)(xxii) SIG Oil Exploration & Production Index\TM\, (xxiv)
KBW Capital Markets Index, (xxv) KBW Insurance Index, (xxvi) KBW
Mortgage Finance Index, (xxvii) KBW Regional Banking Index, (xxxiii)
NASDAQ China Index\SM\, and (xxxiv) SIG Energy MLP Index\TM\. The
Exchange proposes to remove the reserved rules and re-letter the
remaining rule text. These indexes are no longer traded so the rule
text is obsolete. There is no outstanding interest in any of the
aforementioned indexes. If Phlx determines to list any of these indexes
at a future date the Exchange will file a proposal with the Commission.
The Exchange proposes to remove other obsolete rule text regarding
indices. The Exchange no longer lists SIG Indices and therefore
proposes to remove rule text which permits the listing of such index
options within Rule 1104A, ``SIG Indices, LLLP.'' The Exchange no
longer lists Lehman Brothers Indexes and therefore proposes to remove
rule text which permits the listing of such index options within Rule
1106A, ``Lehman Brothers Inc. Indexes.'' The Exchange also no longer
lists the MSCI EM or MSCI EAFE index options. The Exchange proposes to
remove Rule 1108A, ``MSCI EM Index'' and Rule 1109A ``MSCI EAFE
Index.'' There is no outstanding interest in any of the aforementioned
indexes. These indexes have not been listed in some time on Phlx. If
Phlx determines to list any of these indexes at a future date the
Exchange will file a proposal with the Commission.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes that removing the rule text related to the
expired Pilot within Commentary .05 to Phlx Rule 1101A will protect
investors and the public interest by avoiding confusion as to the
existence of this Pilot. Further the Exchange believes that removing
obsolete language related to the listing of index options which have
not been listed for some time on Phlx will also protect investors and
the public interest by avoiding confusion as to the availability of
these listings. There is no outstanding interest in any of the
aforementioned indexes. If Phlx determines to list any of these indexes
at a future date the Exchange will file a proposal with the Commission.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. With the expiration of the
Pilot, NDXPM options would not be listed by Phlx and therefore would
not be available to any market participant. Further, no market
participant may trade any of the index options which are being deleted.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\8\
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\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6). In addition, Rule19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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 change 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
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-Phlx-2019-49 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-Phlx-2019-49. 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 submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the
[[Page 63912]]
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-
Phlx-2019-49 and should be submitted on or before December 10, 2019.
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\9\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24978 Filed 11-18-19; 8:45 am]
BILLING CODE 8011-01-P