Notice2021-21995
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Proposal To Permit Monday and Wednesday Expirations for Options Listed Pursuant to the Short Term Option Series Program on the iShares Russell 2000 ETF
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 8, 2021
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 86 Issue 193 (Friday, October 8, 2021)</title>
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[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56315-56318]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21995]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-93248; File No. SR-BX-2021-043]
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Proposal To
Permit Monday and Wednesday Expirations for Options Listed Pursuant to
the Short Term Option Series Program on the iShares Russell 2000 ETF
October 4, 2021.
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 September 30, 2021, Nasdaq BX, Inc. (``BX'' 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 Monday and Wednesday expirations
for options listed pursuant to the Short Term Option Series Program on
the iShares Russell 2000 ETF.
The text of the proposed rule change is available on the Exchange's
website at <a href="https://listingcenter.nasdaq.com/rulebook/bx/rules">https://listingcenter.nasdaq.com/rulebook/bx/rules</a>, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend BX Options 4, Section 5 at
Supplementary Material .03 to permit Monday and Wednesday expirations
for options listed pursuant to the Short Term Option Series Program
(``Program'') on the iShares Russell 2000 ETF (``IWM''). This rule
change is similar to a rule change recently approved for Nasdaq Phlx
LLC (``Phlx'').\3\
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\3\ See Securities Exchange Act Release No. 93157 (September 28,
2021) (SR-PHLX-2021-43).
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A Short Term Option Series means 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 Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one business
week and one business day prior to that expiration.\4\ The Exchange
proposes to amend BX Options 4, Section 5 at Supplementary Material .03
to permit the listing of options series that expire on Mondays and
Wednesdays in IWM.
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\4\ BX Options 1, Section 1(a)(58) provides the term ``Short
Term Option Series'' means 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 Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday,
Wednesday or Friday of the next business week, or, in the case of a
series that is listed on a Friday and expires on a Monday, is listed
one business week and one business day prior to that expiration. If
a Tuesday, Wednesday, Thursday or Friday is not a business day, the
series may be opened (or shall expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday or Friday,
respectively. For a series listed pursuant to this Rule for Monday
expiration, if a Monday is not a business day, the series shall
expire on the first business day immediately following that Monday.
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Monday Expirations
As proposed, with respect to Monday IWM Expirations within
Supplementary Material .03 to Options 4, Section 5, the Exchange may
open for trading on any Friday or Monday that is a business day series
of options on IWM to expire on any Monday of the month that is a
business day and is not a Monday in which Quarterly Options Series on
the same class expire (``Monday IWM Expirations''), provided that
Monday IWM Expirations that are listed on a Friday must be listed at
least one business week and one business day prior to the expiration.
The Exchange
[[Page 56316]]
may list up to five consecutive Monday IWM Expirations at one time; the
Exchange may have no more than a total of five Monday IWM Expirations.
Wednesday Expirations
As proposed, with respect to Wednesday IWM Expirations within
Supplementary Material .03 to Options 4, Section 5, the Exchange may
open for trading on any Tuesday or Wednesday that is a business day
series of options on IWM to expire on any Wednesday of the month that
is a business day and is not a Wednesday in which Quarterly Options
Series on the same class expire (``Wednesday IWM Expirations''). The
Exchange may list up to five consecutive Wednesday IWM Expirations at
one time; the Exchange may have no more than a total of five Wednesday
IWM Expirations and a total of five Wednesday IWM Expirations will be
subject to the provisions of this Rule.
Monday and Wednesday Expirations
The interval between strike prices for the proposed Monday and
Wednesday IWM Expirations will be the same as those for the current
Short Term Option Series for Wednesday and Friday expirations
applicable to the Program.\5\ Specifically, the Monday and Wednesday
IWM Expirations will have a $0.50 strike interval minimum.\6\ As is the
case with other equity options series listed pursuant to the Program,
the Monday and Wednesday IWM Expiration series will be P.M.-settled.
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\5\ See Supplementary Material .03(e) to Options 4, Section 5.
\6\ See Supplementary Material .03 at Options 4, Section 5.
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Pursuant to Options 1, Section 1(a)(58), with respect to the
Program, if Monday is not a business day 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. Pursuant to Options 1, Section
1(a)(58) a Wednesday expiration series shall expire on the first
business day immediately prior to that Wednesday, e.g., Tuesday of that
week, if the Wednesday is not a business day. For purposes of IWM,
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. Monday SPY and QQQ
expirations \7\ are treated in this manner today. Cboe Exchange, Inc.
(``Cboe'') uses the same procedure for options on the S&P 500 index
(``SPX''), Mini-SPX Index Options (``XSP''), Russell 2000 Index
(``RUT'') and Mini-Russell 200 Index Options (``MRUT'') and with Monday
expirations that are listed pursuant to its Nonstandard Expirations
Pilot Program and that are scheduled to expire on a holiday.\8\ Also,
Phlx \9\ and Nasdaq ISE, LLC (``ISE'') \10\ use the same procedure for
options on the Nasdaq-100[supreg] (``NDX'') with Monday expirations
that are listed pursuant to its Nonstandard Expirations Pilot Programs,
respectively.
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\7\ See Supplementary Material .03 at Options 4, Section 5.
\8\ See Cboe Rule 4.13(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.''
\9\ See Phlx Options 4A, Section 12(b)(5).
\10\ See ISE Supplementary Material .07 to Options 4A, Section
12.
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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.\11\ 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.\12\ This thirty (30) series restriction would apply to
Monday and Wednesday IWM 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 Securities and
Exchange Commission (``Commission'') to list IWM options expiring on
Mondays and Wednesdays.
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\11\ See Supplementary Material .03(a) to Options 4, Section 5.
\12\ See Supplementary Material .03(a) to Options 4, Section 5.
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Finally, the Exchange is amending Supplementary Material .03(b) to
Options 4, Section 5, 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 Monday and Wednesday SPY and QQQ
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.\13\ As with Monday and Wednesday SPY and QQQ
Expirations, the Exchange proposes to permit Monday and Wednesday IWM
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 and Wednesday IWM Expirations because Monday and
Wednesday IWM 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 and
Wednesday IWM Expirations for one week every month because there was a
monthly IWM expiration on the Friday of that week would create investor
confusion.
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\13\ See Supplementary Material .03(a) to Options 4, Section 5.
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The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday and Wednesday
IWM expirations. The Exchange has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday IWM Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
Monday and Wednesday for SPY and QQQ and has not experienced any market
disruptions nor issues with capacity. Today, the Exchange has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY
and QQQ.
Similar to SPY and QQQ, the introduction of IWM Monday and
Wednesday expirations will, among other things, expand hedging tools
available to market participants and continue the reduction of the
premium cost of buying protection. The Exchange believes that Monday
and Wednesday IWM expirations will allow market participants to
purchase IWM based on their timing as needed and allow them to tailor
their investment and hedging needs more effectively.
The Exchange proposes to amend the ``:'' to a ``.'' after the title
``Short Term Options Series Program'' within Supplementary Material .03
to Options 4, Section 5.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\14\ in general, and furthers the
objectives of Section 6(b)(5)
[[Page 56317]]
of the Act,\15\ 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 by
providing the investing public and other market participants more
flexibility to closely tailor their investment and hedging decisions in
IWM options, thus allowing them to better manage their risk exposure.
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\14\ 15 U.S.C. 78f(b).
\15\ 15 U.S.C. 78f(b)(5).
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In particular, the Exchange believes the Program has been
successful to date and that Monday and Wednesday IWM Expirations should
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 Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday and
Wednesday IWM Expirations should create greater trading and hedging
opportunities, as well as flexibility that will provide customers with
the ability to tailor their investment objectives more effectively.
BX currently lists Monday and Wednesday SPY and QQQ
Expirations.\16\ Also, Cboe \17\ currently permits Monday and Wednesday
expirations for other options with a weekly expiration, such as options
on the SPX, XSP, RUT and MRUT pursuant to its Nonstandard Expirations
Pilot Program. Phlx \18\ and ISE \19\ currently permit Monday and
Wednesday expirations for other options with a weekly expiration on NDX
pursuant to its Nonstandard Expirations Pilot Programs, respectively.
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\16\ See Supplementary Material .03 at Options 4, Section 5.
\17\ See note 8 above.
\18\ See note 9 above.
\19\ See note 10 above.
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With the exception of Monday expiration series that are scheduled
to expire on a holiday, there are no material differences in the
treatment of Monday and Wednesday IWM expirations for Short Term Option
Series. 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. Monday SPY and QQQ expirations are treated in this manner
today.\20\ Cboe \21\ uses the same procedure for SPX, XSP, RUT and MRUT
options with Monday expirations that are listed pursuant to its
Nonstandard Expirations Pilot Program and that are scheduled to expire
on a holiday, as do Phlx \22\ and ISE \23\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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\20\ See Supplementary Material .03 at Options 4, Section 5.
\21\ See note 8 above.
\22\ See note 9 above.
\23\ See note 10 above.
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Given the similarities between Monday and Wednesday SPY and QQQ
Expirations and the proposed Monday and Wednesday IWM Expirations, the
Exchange believes that applying the provisions in Supplementary
Material .03 to Options 4, Section 5, which currently apply to Monday
and Wednesday SPY and QQQ Expirations, to Monday and Wednesday IWM
Expirations is justified. For example, the Exchange believes that
allowing Monday and Wednesday IWM Expirations and monthly IWM
expirations in the same week will benefit investors and minimize
investor confusion by providing Monday and Wednesday IWM Expirations in
a continuous and uniform manner. The Exchange also believes that is
appropriate to amend Supplementary Material .03(b) to Options 4,
Section 5 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,
same as SPY and QQQ.
The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in Monday and Wednesday
expirations, including Monday and Wednesday IWM Expirations, in the
same way that it monitors trading in the current Short Term Option
Series and trading in Monday and Wednesday SPY and QQQ Expirations. The
Exchange also represents that it has the necessary systems capacity to
support the new options series. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of Monday and Wednesday IWM expirations.
The Exchange's proposal to amend the ``:'' to a ``.'' after the
title ``Short Term Options Series Program'' within Supplementary
Material .03 to Options 4, Section 5 is a non-substantive technical
amendment.
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 and Wednesday IWM expirations is not a novel proposal, as
Monday and Wednesday SPY and QQQ Expirations are currently listed on
BX.\24\ Cboe \25\ uses the same procedure for SPX, XSP, RUT and MRUT
options with Monday expirations that are listed pursuant to its
Nonstandard Expirations Pilot Program and that are scheduled to expire
on a holiday, as do Phlx \26\ and ISE \27\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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\24\ See Supplementary Material .03 at Options 4, Section 5.
\25\ See note 8 above.
\26\ See note 9 above.
\27\ See note 10 above.
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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
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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \28\ and Rule 19b-
4(f)(6) thereunder.\29\
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\28\ 15 U.S.C. 78s(b)(3)(A).
\29\ 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 intent 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 pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \30\ 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
requested that the Commission waive the 30-day operative delay so that
the proposal may
[[Page 56318]]
become operative immediately upon filing. The Commission notes that it
recently approved Phlx's substantially similar proposal to list and
trade Monday IWM Expirations and Wednesday IWM Expirations.\31\ The
Exchange has stated that waiver of the operative delay will permit the
Exchange to immediately amend BX Options 4, Section 5 at Supplementary
Material .03 to permit the Exchange to offer Monday and Wednesday
expirations for options listed pursuant to the Program on IWM similar
to Phlx. 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. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\32\
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\30\ 17 CFR 240.19b-4(f)(6)(iii).
\31\ See supra note 3.
\32\ 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 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
<bullet> Use the Commission's internet comment form (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#a3d1d6cfc68ec0cccecec6cdd7d0e3d0c6c08dc4ccd5"><span class="__cf_email__" data-cfemail="483a3d242d652b2725252d263c3b083b2d2b662f273e">[email protected]</span></a>. Please include
File Number SR-BX-2021-043 on the subject line.
Paper Comments
<bullet> 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-BX-2021-043. 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 (<a href="http://www.sec.gov/rules/sro.shtml">http://www.sec.gov/rules/sro.shtml</a>).
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-BX-2021-043 and should be submitted on
or before October 29, 2021.
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\33\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21995 Filed 10-7-21; 8:45 am]
BILLING CODE 8011-01-P
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