Notice2022-12840
Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 4A, Section 12, Terms of Index Options Contracts
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Published
June 15, 2022
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36188-36191]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12840]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-95077; File No. SR-Phlx-2022-25]
Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options
4A, Section 12, Terms of Index Options Contracts
June 9, 2022.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 6, 2022, 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.
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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 amend certain rule text within Options 4A,
Section 12, Terms of Index Options Contracts, related to the listing of
options on the Nasdaq-100[supreg] Volatility Index.
The Exchange also proposes to amend the Short Term Option Series
Program within Options 4A, Section 12(b)(4).
The text of the proposed rule change is available on the Exchange's
website at
[[Page 36189]]
<a href="https://listingcenter.nasdaq.com/rulebook/phlx/rules">https://listingcenter.nasdaq.com/rulebook/phlx/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 certain rule text within Options 4A,
Section 12, Terms of Index Options Contracts, related to the listing of
options on the Nasdaq-100[supreg] Volatility Index (``VOLQ''). The
Exchange also proposes to amend the Short Term Option Series Program
within Options 4A, Section 12(b)(4). The changes are described below.
VOLQ
In 2021, Phlx received approval \3\ to list and trade options on
VOLQ. Phlx subsequently received approval \4\ to amend the calculation
of its final settlement price for options on VOLQ. Phlx has issued an
Options Trader Alert announcing the launch of VOLQ on June 14, 2022.\5\
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\3\ See Securities Exchange Act Release No. 91781 (May 5, 2021),
86 FR 25918 (May 11, 2021) (SR-Phlx-2020-41) (Notice of Filing of
Amendment Nos. 1 and 2 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To List
and Trade Options on a Nasdaq-100 Volatility Index) (``VOLQ Options
Approval Order'').
\4\ See Securities Exchange Act Release No. 93628 (November 19,
2021), 86 FR 67555 (November 26, 2021) (SR-Phlx-2021-56) (Order
Approving a Proposed Rule Change To Amend Options 4A, Section 12
Regarding the Calculation of the Closing Volume Weighted Average
Price for Options on the Nasdaq-100 Volatility Index in Certain
Circumstances) (``Amendment to VOLQ Options'').
\5\ See Options Trader Alert #2022-16 (<a href="http://www.nasdaqtrader.com/MicroNews.aspx?id=OTA">http://www.nasdaqtrader.com/MicroNews.aspx?id=OTA</a> 2022-16).
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Background
VOLQ is a new options index product that would enable retail and
institutional investors to manage volatility versus price risk. This
index will measure ``at-the-money'' volatility, a precise measure of
volatility used by investors. Unlike other indexes, this proposed novel
product isolates at-the-money volatility for precise trading and
hedging strategies. This product will provide investors information on
volatility index returns by allowing them to observe increases and
decreases of the Volatility Index. Specifically, VOLQ options will
measure changes in 30-day implied volatility of the Nasdaq-100 Index
(commonly known as and referred to by its ticker symbol, NDX). Options
on the Volatility Index will be cash-settled and will have European-
style exercise provisions.
Minimum Increments
The Exchange will list VOLQ options with standard minimum
increments of $0.05 for options trading below $3.00 and $0.10 for all
other series pursuant to Options 3, Section 3(a).\6\ The minimum
increments for VOLQ options were set forth in the VOLQ Options Original
Filing which stated, ``The Exchange proposes to utilize nickel and dime
increments for trading the Volatility Index options. The Exchange
believes that these trading increments will enable traders to make the
most effective use of the product for trading and hedging purposes.''
\7\ Similarly, the VOLQ Options Approval Order provided, ``All options
on the Volatility Index will have a minimum increment of $0.05 for
options trading below $3.00 and $0.10 for all other series.'' \8\
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\6\ Phlx Options 3, Section 3(a) provides, ``Except as provided
in Supplementary Material to Options 3, Section 3 below, all options
on stocks, index options, and Exchange Traded Fund Shares trading at
a price of $3.00 or higher shall have a minimum increment of $.10,
and all options on stocks and index options trading at a price under
$3.00 shall have a minimum increment of $.05.''
\7\ See Securities Exchange Act Release No. 89725 (September 1,
2020), 85 FR 55544 at 55549 (September 8, 2020) (SR-Phlx-2020-41)
(Notice of Filing of Proposed Rule Change To List and Trade Options
on a Nasdaq-100[supreg] Volatility Index) (``VOLQ Options Original
Filing'').
\8\ See VOLQ Options Approval Order at 25920.
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The Exhibit 5 attached to the VOLQ Options Original Filing
inadvertently noted that VOLQ options would be traded in $.01
increments.\9\ At this time, the Exchange proposes to remove the rule
text within Supplementary Material .04 of Options 3, Section 3. The
rule text is inconsistent with the VOLQ Options Original Filing and the
VOLQ Options Approval. Removing the rule text would avoid confusion
since the standard minimum increments specified within Options 3,
Section 3(a) would apply. No other change is required to Options 3,
Section 3 with respect to VOLQ options.
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\9\ See VOLQ Options Original Filing at Exhibit 5, ``.04 All
Nasdaq-100[supreg] Volatility Index Options shall have a minimum
increment of $.01.''
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Closing Settlement Period
Phlx noted in the VOLQ Options Original Filing and the Amendment to
VOLQ Options that,
[t]he Closing VWAP shall be determined by reference to the prices
and sizes of executed orders or quotes in the thirty-two underlying
Nasdaq-100[supreg] index (``NDX'') component options on Phlx, Nasdaq
ISE, LLC and Nasdaq GEMX, LLC markets. Executed orders shall include
simple orders and complex orders (excluding out-of-sequence and late
trades), however, individual leg executions of a complex order will
only be included if the executed price of the leg is at or within
the NBBO. The following process is used to calculate the Closing
VWAP of the VOLQ options. At the end of individual one-second time
observations during a 300 second period of time (the ``Closing
Settlement Period'') commencing at 9:32:010 on the expiration day
(or 2.01 minutes after the open of trading in the event trading does
not commence at 9:30:000 a.m. ET), and continuing each second for
the next 300 seconds, the number of contracts traded at each price
during the observation period is multiplied by that price to yield a
Reference Number.
* * * * *
In the event of a trading halt in one or more options, excluding a
halt in all Nasdaq-100 index options, prior to the completion of the
Closing Settlement Period, the Exchange would continue to look back
for a One Second VWAP prior to looking forward. In the event of a
trading halt in all Nasdaq-100 index options, the Exchange would
commence the calculation of the settlement window beginning 2:00:01
minutes after the re-opening of trading and publish that value on
its website. In this scenario, the Exchange would not look back
prior to the trading halt.
At this time, Phlx proposes to amend the formatting of the
timeframes for the Closing Settlement Period. The Exchange proposes to
revise the references to ``9:32:010'' and ``9:30:000'' to instead state
``9:32:01'' and ``9:30:00,'' respectively. Representing the minutes as
two decimals will avoid confusion as to the time intended.
Additionally, the Exchange proposes to revise references to ``2.01''
and ``2.00.01'' to instead state ``two minutes and one second'' for
clarity. These amendments are intended to conform the rule text and
bring clarity to the timeframes.
Short Term Option Series Program
In 2013, Phlx amended the Short Term Option Series Program for
equity options within Rule 1012 (currently Options 4, Section 5) to
change the number of currently listed option classes on which Short
Term Option Series may be opened on any Short Term Option Opening Date
from thirty
[[Page 36190]]
to fifty options classes.\10\ Further, Phlx also amended the number of
Short Term Option Series that the Exchange may open for each expiration
date in that class from twenty to thirty.\11\ At that time, the
Exchange neglected to update the index options rules to make similar
changes to the Short Term Option Series Program given that the amount
of options classes that may participate in the Short Term Option Series
Program is aggregated between equity options and index options and is
not apportioned between equity and index options.
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\10\ See Securities Exchange Act Release Nos. 70682 (October 15,
2013), 78 FR 62809 (October 22, 2013) (SR-Phlx-2013-101) (Notice of
Filing of Proposed Rule Change Regarding the Short Term Option
Series Program); and 71004 (December 6, 2013), 78 FR 75437 (December
11, 2013) (SR-Phlx-2013-101) (Order Granting Approval of Proposed
Rule Change Regarding the Short Term Options Program).
\11\ Id.
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Today, Options 4A, Section 12(b)(4) provides,
The Exchange may select up to thirty (30) currently listed
option classes on which Short Term Option Series may be opened on
any Short Term Option Opening Date. In addition to the thirty-option
class restriction, the Exchange also may list Short Term Option
Series on any option classes that are selected by other securities
exchanges that employ a similar program under their respective
rules. For each index option class eligible for participation in the
Short Term Option Series Program, the Exchange may open up to twenty
(20) Short Term Option Series on index options for each expiration
date in that class. The Exchange may also open Short Term Option
Series that are opened by other securities exchanges in option
classes selected by such exchanges under their respective short term
option rules.
At this time, the Exchange proposes to amend Options 4A, Section
12(b)(4) to increase the number of currently listed options classes on
which Short Term Option Series may be opened on any Short Term Option
Opening Date from thirty to fifty options classes for index options.
Additionally, the Exchange proposes to amend the number of Short Term
Option Series the Exchange may open on index options for each
expiration date in that class from twenty to thirty. These amendments
would align the limitations within Options 4A, Section 12(b)(4) with
those currently within Supplementary .03(a) to Options 4, Section 5.
As noted above, this amendment will not result in a greater number
of listings in the Short Term Option Series Program because the amount
of options classes that may participate in the Short Term Option Series
Program is aggregated between equity options and index options and is
not apportioned between equity and index options. Amending Options 4A,
Section 12(b)(4) to conform to the limitations provided within
Supplementary .03(a) to Options 4, Section 5 will avoid confusion by
making clear the aggregate limitations within equity and index options
for listing Short Term Option Series. Today, Cboe has similar
limitations within its equity and index Short Term Option Series
Program.\12\
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\12\ See Cboe Exchange, Inc. Rules 4.5 and 4.13.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ 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.
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\13\ 15 U.S.C. 78f(b).
\14\ 15 U.S.C. 78f(b)(5).
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Removing inadvertent rule text describing minimum increments is
consistent with the Act and will avoid confusion. The minimum
increments for VOLQ options were set forth in the VOLQ Options Original
Filing and the VOLQ Options Approval. The standard minimum increments
specified within Options 3, Section 3(a) would apply to VOLQ options.
Amending the formatting of the timeframes for the Closing
Settlement Period is consistent with the Act. The proposed amendments
to the timeframes will conform the rule text and bring clarity to the
rule.
In 2013, Phlx amended the Short Term Option Series Program for
equity options within Rule 1012 (currently Options 4, Section 5) to
change the number of currently listed option classes on which Short
Term Option Series may be opened on any Short Term Option Opening Date
from thirty to fifty options classes.\15\ Further, Phlx also amended
the number of Short Term Option Series that the Exchange may open for
each expiration date in that class from twenty to thirty.\16\ At that
time, the Exchange neglected to update the index options rules to make
similar changes to the Short Term Option Series Program given that the
amount of options classes that may participate in the Short Term Option
Series Program is aggregated between equity options and index options
and is not apportioned between equity and index options. Amending
Options 4A, Section 12(b)(4) to conform to the limitations provided
within Supplementary .03(a) to Options 4, Section 5 will avoid
confusion by making clear the aggregate limitations within equity and
index options for listing Short Term Option Series. Also, aligning the
limitations within Options 4A, Section 12(b)(4) with those currently
within Supplementary .03(a) to Options 4, Section 5 will not result in
a greater number of listings in the Short Term Option Series Program
because the amount of options classes that may participate in the Short
Term Option Series Program is aggregated between equity options and
index options and is not apportioned between equity and index options.
Today, Cboe has similar limitations within its equity and index Short
Term Option Series Program.\17\
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\15\ See note 10 above.
\16\ See note 10 above.
\17\ See note 12 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition
This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. Removing inadvertent rule text describing minimum increments
does not impose an undue burden on competition because it will avoid
confusion for investors.
Amending the formatting of the timeframes for the Closing
Settlement Period does not impose an undue burden on competition,
rather the amendment will conform the rule text and bring clarity to
the rule.
Finally, amending Options 4A, Section 12(b)(4) to conform to the
limitations provided within Supplementary .03(a) to Options 4, Section
5 will avoid confusion by making clear the aggregate limitations within
equity and index options for listing Short Term Option Series. Also,
aligning the limitations within Options 4A, Section 12(b)(4) with those
currently within Supplementary .03(a) to Options 4, Section 5 will not
result in a greater number of listings in the Short Term Option Series
Program because the amount of options classes that may participate in
the Short Term Option Series Program is aggregated between equity
options and index options and is not apportioned between equity and
index options. Today, Cboe has similar limitations within its equity
and index Short Term Option Series Program.\18\
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\18\ See note 12 above.
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[[Page 36191]]
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 \19\ and subparagraph (f)(6) of Rule 19b-4
thereunder.\20\
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\19\ 15 U.S.C. 78s(b)(3)(A).
\20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-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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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \21\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \22\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that it
may make these changes to clarify its rules and remove any ambiguity
before the planned June 14, 2022 launch of VOLQ options. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest as the proposed rule
change does not raise any new or novel issues. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\23\
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\21\ 17 CFR 240.19b-4(f)(6).
\22\ 17 CFR 240.19b-4(f)(6)(iii).
\23\ For purposes only of waiving the 30-day operative delay,
the Commission also has 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#3b494e575e16585456565e554f487b485e58155c544d"><span class="__cf_email__" data-cfemail="4b393e272e66282426262e253f380b382e28652c243d">[email protected]</span></a>. Please include
File Number SR-Phlx-2022-25 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-Phlx-2022-25. 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-Phlx-2022-25, and should be submitted on
or before July 6, 2022.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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\24\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12840 Filed 6-14-22; 8:45 am]
BILLING CODE 8011-01-P
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