[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40089-40092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15819]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92454; File No. SR-NYSEAMER-2021-33]


Self-Regulatory Organizations; NYSE American LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change to Permit 
Monday and Wednesday Expirations for Options Listed Pursuant to the 
Short Term Option Series Program on the Invesco QQQ TrustSM Series 
(``QQQ'') ETF Trust

July 20, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that on July 12, 2021, NYSE American LLC (``NYSE American'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 Rule 903 to permit Monday and 
Wednesday expirations for options listed pursuant to the Short Term 
Options Series Program on the Invesco QQQ Trust; Series (``QQQ'') ETF 
Trust. The proposed rule change is available on the Exchange's website 
at www.nyse.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 self-regulatory organization 
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 those 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 parts of such statements.

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

1. Purpose
    The purpose of this filing is to amend Rule 903, Series of Options 
Open for Trading, to permit Monday and Wednesday expirations for 
options listed pursuant to the Short Term Options Series Program 
(``Program'') on QQQ.
    A Short Term Options Series is 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 is 
proposing to amend Rule 903 Commentary .10 (f) to permit the listing of 
options series that expire on Mondays and Wednesdays in QQQ.
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    \4\ See NYSE American Rule 900.2NY 50. Short Term Option Series.
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Monday Expirations
    As proposed, with respect to Monday QQQ Expirations within Rule 903 
Commentary .10, the Exchange may open for trading on any Friday or 
Monday that is a business day series of options on QQQ 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 QQQ 
Expirations''), provided that Monday QQQ 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 may list up to five consecutive 
Monday QQQ Expirations at one time; the

[[Page 40090]]

Exchange may have no more than a total of five Monday QQQ 
Expirations.\5\
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    \5\ The Exchange proposes to make a clarifying change to Rule 
903 Commentary .10(f) to make clear that the Exchange may have no 
more than a total of five each of Wednesday SPY Expirations and 
Wednesday QQQ Expirations and a total of five each of Monday SPY 
Expirations and Monday QQQ Expirations. The Exchange also proposes 
to make a non-substantive change to add the word ``business'' before 
``day'' in the first sentence of Rule 903 Commentary .10(f).
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Wednesday Expirations
    As proposed, with respect to Wednesday QQQ Expirations within Rule 
903 Commentary .10, the Exchange may open for trading on any Tuesday or 
Wednesday that is a business day series of options on QQQ 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 QQQ Expirations''). The Exchange may list up to five 
consecutive Wednesday QQQ Expirations at one time; the Exchange may 
have no more than a total of five Wednesday QQQ Expirations.
Monday and Wednesday Expirations
    The interval between strike prices for the proposed Monday and 
Wednesday QQQ Expirations will be the same as those for the current 
Short Term Option Series for Wednesday and Friday expirations 
applicable to the Program.\6\ Specifically, the Monday and Wednesday 
QQQ Expirations will have a $0.50 strike interval minimum.\7\ As is the 
case with other equity options series listed pursuant to the Program, 
the Monday and Wednesday QQQ Expirations series will be P.M. settled.
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    \6\ See NYSE American Rule 903 Commentary .10(f).
    \7\ See NYSE American Rule 903 Commentary .10(d).
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    Pursuant to Rule 900.2NY,\8\ 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 Rule 900.2NY \9\ 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 QQQ, 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. Nasdaq PHLX LLC (``Phlx'') uses the same 
procedure for QQQ with Monday and Wednesday expirations.\10\ Nasdaq 
Phlx \11\ and Nasdaq ISE, LLC (``ISE'') \12\ also 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. Cboe Exchange, Inc. (``Cboe'') uses the 
same procedure for options on the S&P500 index (``SPX'') with Monday 
expirations that are listed pursuant to its Nonstandard Expirations 
Pilot Program and that are scheduled to expire on a holiday.\13\
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    \8\ Rule 900.2NY 50. Definition of ``Short Term Option Series.''
    \9\ Id.
    \10\ See Securities Exchange Act Release No. 91238 (March 2, 
2021), 86 FR 13404 (March 8, 2021) (SR-Phlx-2021-10).
    \11\ See Phlx Options 4A, Section 12(b)(5).
    \12\ See ISE Supplementary Material .07 to Options 4A, Section 
12.
    \13\ 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.''
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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.\14\ The thirty (30) series 
restriction does not include series that are open by other securities 
exchanges under their respective short term options rules; the Exchange 
may list these additional series that are listed by other 
exchanges.\15\ This thirty (30) series restriction would apply to 
Monday and Wednesday QQQ 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 Commission to list 
QQQ options expiring on Mondays and Wednesdays.
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    \14\ See NYSE American Rule 903 Commentary .10.
    \15\ Id.
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    Finally, the Exchange is amending Rule 903(h), 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 Expirations) or, in the case of Quarterly 
Options Series, on an expiration that coincides with an expiration of 
Quarterly Options Series on the same class.\16\ As with Monday and 
Wednesday SPY Expirations, the Exchange is proposing to permit Monday 
and Wednesday QQQ 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 QQQ 
Expirations because Monday and Wednesday QQQ 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 QQQ Expirations for one week 
every month because there was a monthly QQQ expiration on the Friday of 
that week would create investor confusion.
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    \16\ See NYSE American Rule 903(h).
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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 
QQQ expirations. The Exchange has the necessary capacity and 
surveillance programs in place to support and properly monitor trading 
in the proposed Monday and Wednesday QQQ Expirations. The Exchange 
currently trades P.M.-settled Short Term Option Series that expire 
Monday and Wednesday for SPY and has not experienced any market 
disruptions nor issues with capacity. The Exchange currently has 
surveillance programs in place to support and properly monitor trading 
in Short Term Option Series that expire Monday and Wednesday for SPY.
    Similar to SPY, the introduction of Monday and Wednesday QQQ 
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 QQQ 
Expirations will allow market participants to purchase QQQ based on 
their timing as needed and allow them to tailor their investment and 
hedging needs more effectively.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent 
with Section 6(b) of the Act \17\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \18\ 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

[[Page 40091]]

facilitating transactions in securities, to remove impediments to and 
perfect the mechanisms 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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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is intended to provide the investing 
public and other market participants more flexibility to closely tailor 
their investment and hedging decisions in QQQ options, thus allowing 
them to better manage their risk exposure.
    In particular, the Exchange believes the Program has been 
successful to date and that Monday and Wednesday QQQ 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 QQQ Expirations should create greater trading and hedging 
opportunities and flexibility, and will provide customers with the 
ability to tailor their investment objectives more effectively. The 
Exchange currently lists Monday and Wednesday SPY Expirations.\19\ 
Also, Cboe \20\ currently permits Monday and Wednesday expirations for 
other options with a weekly expiration, such as options on the SPX 
pursuant to its Nonstandard Expirations Pilot Program and Phlx \21\ and 
ISE \22\ 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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    \19\ Supra note 14.
    \20\ Supra note 13.
    \21\ Supra note 11.
    \22\ Supra note 12.
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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 QQQ 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 expirations are currently treated in this 
manner.\23\ Cboe \24\ uses the same procedure for SPX 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 \25\ and ISE \26\ for NDX options with Monday 
expirations that are listed pursuant to their Nonstandard Expirations 
Pilot Programs, respectively.
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    \23\ Supra note 14.
    \24\ Supra note 13.
    \25\ Supra note 11.
    \26\ Supra note 12.
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    Given the similarities between Monday and Wednesday SPY Expirations 
and the proposed Monday and Wednesday QQQ Expirations, the Exchange 
believes that applying the provisions in NYSE American Rule 903 
Commentary .10 that currently apply to Monday and Wednesday SPY 
Expirations to Monday and Wednesday QQQ Expirations is justified. For 
example, the Exchange believes that allowing Monday and Wednesday QQQ 
Expirations and monthly QQQ expirations in the same week will benefit 
investors and minimize investor confusion by providing Monday and 
Wednesday QQQ Expirations in a continuous and uniform manner. The 
Exchange also believes that it is appropriate to amend NYSE Arca Rule 
903(h) 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.
    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 QQQ Expirations, in the 
same way that it monitors trading in the current Short Term Option 
Series and trading in Monday and Wednesday SPY 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 QQQ Expirations.

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 QQQ Expirations is not a novel proposal, as 
Monday and Wednesday SPY Expirations are currently listed on the 
Exchange.\27\ Cboe \28\ uses the same procedure for SPX 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 \29\ and ISE \30\ for NDX options with Monday 
expirations that are listed pursuant to their Nonstandard Expirations 
Pilot Programs, respectively.
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    \27\ Supra note 14.
    \28\ Supra note 13.
    \29\ Supra note 11.
    \30\ Supra note 12.
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    The Exchange does not believe the proposal will impose any burden 
on intra-market competition, as all market participants will be treated 
in the same manner under this proposal. Additionally, the Exchange does 
not believe the proposal will impose any burden on inter-market 
competition, as nothing prevents the other options exchanges from 
proposing similar rules to list and trade Short-Term Option Series with 
Monday and Wednesday expirations.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

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 \31\ and Rule 19b-
4(f)(6) thereunder.\32\
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    \31\ 15 U.S.C. 78s(b)(3)(A).
    \32\ 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 under Rule 19b-4(f)(6) \33\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\34\ the Commission 
may 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 become operative immediately upon filing. The 
Commission notes that it

[[Page 40092]]

recently approved Phlx's substantially similar proposal to list and 
trade Monday QQQ Expirations and Wednesday QQQ Expirations.\35\ The 
Exchange has stated that waiver of the operative delay is consistent 
with the protection of investors and the public interest as it would 
encourage fair competition among exchanges by allowing the Exchange to 
compete effectively with Phlx by having the ability to list and trade 
the same Monday and Wednesday QQQ Expirations that Phlx is able to list 
and trade. 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.\36\
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    \33\ 17 CFR 240.19b-4(f)(6).
    \34\ 17 CFR 240.19b-4(f)(6)(iii).
    \35\ See Securities Exchange Act Release No. 91614 (April 20, 
2021), 86 FR 22082 (April 26, 2021) (SR-Phlx-2021-10).
    \36\ 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 (http://www.sec.gov/rules/sro.shtml); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#1f6d6a737a327c7072727a716b6c5f6c7a7c31787069"><span class="__cf_email__" data-cfemail="bfcdcad3da92dcd0d2d2dad1cbccffccdadc91d8d0c9">[email protected]</span></a>. Please include 
File Number SR-NYSEAMER-2021-33 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-NYSEAMER-2021-33. 
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 (http://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-NYSEAMER-2021-33, 
and should be submitted on or before August 16, 2021.

For the Commission, by the Division of Trading and Markets, pursuant 
to delegated authority.\37\
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    \37\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15819 Filed 7-23-21; 8:45 am]
BILLING CODE 8011-01-P


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