Federal Register - September 21, 2021
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Fuente: Federal Register
52534
Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices
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 Commissions 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 SRNYSE202150 and should be submitted on or before October 12, 2021.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.27
J. Matthew DeLesDernier, Assistant Secretary.
FR Doc. 202120332 Filed 92021; 8:45 am BILLING CODE 801101P
SECURITIES AND EXCHANGE
COMMISSION
Release No. 3493003; File No. SR
NASDAQ2021070
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Incorporate NOM Options 4 Rules by Reference to Nasdaq ISE, LLC Options 4 Rules
lotter on DSK11XQN23PROD with NOTICES1
September 15, 2021.
Pursuant to Section 19b1 of the Securities Exchange Act of 1934
Act,1 and Rule 19b4 thereunder,2
notice is hereby given that on September 3, 2021, The Nasdaq Stock Market LLC Nasdaq or Exchange filed with the Securities and Exchange Commission SEC or Commission the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange.
27 17
CFR 200.303a12.
U.S.C. 78sb1.
2 17 CFR 240.19b4.
1 15
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21:03 Sep 20, 2021
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The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
I. Self-Regulatory Organizations Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to incorporate The Nasdaq Options Market LLC
NOM Options 4 Rules by reference to Nasdaq ISE, LLC ISE Options 4
Rules.
The text of the proposed rule change is available on the Exchanges website at https listingcenter.nasdaq.com/
rulebook/nasdaq/rules, at the principal office of the Exchange, and at the Commissions Public Reference Room.
II. Self-Regulatory Organizations 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 Organizations Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The NOM Options 4 Listing Rules provide for the options that may be listed and traded on NOM. The Exchange proposes to incorporate the NOM Options 4 Rules by reference to Nasdaq ISE, LLC ISE Options 4
Rules.
Currently, the NOM Options 4 Rules are very similar to the ISE Options 4
Rules. The differences between the NOM and ISE Options 4 Rules are nonsubstantive technical differences.3 Other 3 NOM Options 4, Section 2 has an extra as.
NOM Options 4, Section 3a1 contains a The instead of the. NOM Options 4, Section 3b uses the term foregoing as compared to forgoing on ISE. NOM Options 4, Section 3h defines the term NMS stock whereas ISE defines the term NMS.
NOM Options 4, Section 3k1B has an extra this. The term such within NOM Options 4, Section 4f5 is lowercase. The title Supplementary Material to Options 4, Section 6
within Options 4, Section 4 should instead state, Supplementary Material to Options 4, Section 4.
NOM Options 4, Section 5a has an extra by the Exchange. NOM Options 4, Section 5b has a the and ISE Options 4, Section 5b has a that.
Options 4, Section 5e has a lowercase rule and unlike the same rule in ISE does not have the
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changes are non-substantive word choice differences.4 Finally, certain rules utilize the phrase this Rule instead of a citation.5 Of note, NOM
Options 4, Section 3h does not list reverse repurchase agreements in the defined term Financial Instruments.
The Exchange proposes to include reverse repurchase agreements within the list of securities deemed appropriate for options trading on NOM in order that the Exchange may list the same products as ISE may list today. Also, NOM Options 4, Section 8a should include the words and continuity.
NOMs continuity rules utilize the LEAP
registered trademarks. NOM Supplementary .01a to Options 4, Section 5 uses $50 instead of $50.00, has the term option instead of options, spells out one hundred fifty and incorrectly uses the term LEAPS instead of LEAPs. NOM Supplementary .01b to Options 4, Section 5 has the terms security instead of stock and the instead of its. NOM
Supplementary .01d to Options 4, Section 5 uses the term Strike Program instead of Strike Price Program; uses an extra the; and phrases the last paragraph as, Notwithstanding the above delisting policy, the Exchange may grant member requests to add strikes and/or maintain strikes in series of options classes traded pursuant to the $1 Strike Program that are eligible for delisting. The last paragraph of ISE Supplementary .01d to Options 4, Section 5 states, Notwithstanding the above delisting policy, Member requests to add strikes and/or maintain strikes in series of options classes traded pursuant to the $1 Strike Price Interval Program that are eligible for delisting may be granted. These differences are non-substantive.
NOM Supplementary .02d to Options 4, Section 5 has the term section instead of Rule. NOM
Supplementary .03e to Options 4, Section 5 has rule in lowercase. NOM Options 4, Section 6a uses a different phrase than ISE Options 4, Section 6a, Select provisions of the OLPP versus The provisions set forth in this Rule. This aforementioned difference is non-substantive. NOM
Options 4, Section 6b3 uses the term options instead of option. NOM Options 4, Section 6bii1 uses the term options instead of option, the term Strike Program instead of Strike Price Interval Program and, rules instead of Rules. NOM Options 4, Section 9 uses the term Fund Shares instead of Exchange-Traded Fund Shares.
4 NOM Options 4, Section 4b5 should cite to Options 4, Section 3c instead of Options 4, Section 3. In addition, NOM Options 4, Section 4b5 has two stray commas. NOM Options 4, Section 4f has an extra in. NOM Options 4, Section 4g2 has an extra of Options 4 and two stray commas. NOM Options 4, Section 5d incorrectly cites to Section 3i instead of Section 3h. NOM Options 4, Section 6b incorrectly cites to Section 3i instead of Section 3h. NOM
Options 4, Section 6bi incorrectly cites to Supplementary Material .03d instead of Supplementary Material .02d. This paragraph also uses the term options instead of option.
5 See NOM Options 4, Section 3c2. NOM
utilizes citations to Options 4, Section 3b1 and Options 4, Section 3b2 instead of simply citing to this Rules as is the case with ISE Options 4, Section 3c2. Other examples include NOM
Options 4, Section 3c3 which cites to Options 4, Section 3b4, NOM Options 4, Section 3c4Bii which cites to Options 4, Section 3b5i.
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