82_FR_45838 82 FR 45650 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Permit the Exchange To Publish End-of-Day Indicative Values in SPX After the Close of Regular Trading Hours in SPX

82 FR 45650 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Permit the Exchange To Publish End-of-Day Indicative Values in SPX After the Close of Regular Trading Hours in SPX

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 188 (September 29, 2017)

Page Range45650-45653
FR Document2017-20889

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017)
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45650-45653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20889]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81714; File No. SR-CBOE-2017-062]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Permit the Exchange To Publish End-of-Day 
Indicative Values in SPX After the Close of Regular Trading Hours in 
SPX

September 25, 2017.
    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 September 18, 2017, Chicago Board Options Exchange, 
Incorporated (the ``Exchange'' or ``CBOE'') 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 Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to adopt a process for disseminating two-
sided indicative values in non-expiring series of S&P 500 Index 
(``SPX'') options, when necessary, in the interests of fair and orderly 
markets (``End-of-Day Indicative Values'').
    The text of the proposed rule change is also available on the 
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, 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 Interpretation and Policy .06 to 
Rule 6.2B (Hybrid Opening (and Sometimes Closing) System (``HOSS'')) to 
establish its aftermarket procedure for generating two-sided indicative 
values in certain series of SPX options (including series of SPX and 
SPXW). Specifically, proposed paragraph (a) would contain the current 
text of Interpretation and Policy .06 to Rule 6.2B, which the Exchange 
is not proposing to change, regarding the Exchange's end-of-month 
process for disseminating after the close of trading bid and offer 
quotations that reflect a designated Lead Market-Maker's (``LMM's'') 
calculated theoretical fair value of non-expiring series of SPX options 
as of time of the close of trading in the underlying cash market on the 
last business day of each calendar month. Proposed paragraph (b) of 
Interpretation and Policy .06 to Rule 6.2B would establish the 
Exchange's process for generating two-sided indicative values for non-
expiring series of SPX options when the Exchange determines that it is 
necessary to publish such values in the interests of fair and orderly 
markets on trading days other than the final business day of a calendar 
month. The specific provisions of proposed paragraph (b) to 
Interpretation and Policy .06 to Rule 6.2B are discussed in detail 
below.
Background
    The Exchange's opening and closing procedures are codified in Rules 
6.2 (Trading Rotations), 6.2B (Hybrid Opening System (``HOSS'')), and 
24.13 (Trading Rotations).\5\ In addition to describing the Exchange's 
normal opening and closing procedures, the Rules also provide for 
deviations from the Exchange's regular opening and closing procedures, 
which, from time-to-time, the Exchange employs in the interests of fair 
and orderly markets under certain circumstances.\6\ Pursuant to Rules 
6.2, 6.2A, 6.2B and 24.13, the Exchange may, in the interests of a fair 
and orderly market, decide to employ special closing procedures after 
the normal close of a trading session.\7\ For example, Interpretation 
and Policy .02 to Rule 6.2 provides that a closing trading rotation may 
be conducted in non-expiring options whenever two Floor Officials 
conclude, in their judgment, that such action is

[[Page 45651]]

appropriate. Among the factors that may be considered in determining 
whether to conduct a closing rotation are whether there has been a 
recent opening or reopening of trading in the underlying security, a 
declaration of a ``fast market'' pursuant to Rule 6.6,\8\ a need for a 
rotation in connection with expiring individual security options, an 
end of the year rotation, or the restart of a rotation which is already 
in progress.\9\ Notably, Interpretation and Policy .02 to Rule 6.2 
explicitly provides that the list of examples identified as factors 
that may be considered in determining whether to employ a closing 
rotation are exemplary, not exhaustive. In addition, Rule 6.2 expressly 
provides that the DPM or LMM appointed in the class may, with the 
approval of senior Help Desk personnel, deviate from any rotation 
policy or procedure issued by the Exchange. Such deviations from normal 
policies and procedures may include, for example, determinations to 
employ abbreviated closing rotation procedures pursuant to 
Interpretation and Policy .04 to Rule 6.2.
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    \5\ Additional opening procedures for classes that are not 
traded on the Hybrid Trading System are also contained in Rule 6.2A 
(Rapid Opening System). The ``Hybrid Trading System'' refers to the 
Exchange's trading platform that allows Market-Makers to submit 
electronic quotes in their appointed classes and any connectivity to 
the foregoing trading platform that is administered by or on behalf 
of the Exchange, such as a communications hub. ``Hybrid 3.0 
Platform'' is an electronic trading platform on the Hybrid Trading 
System that allows one or more quoters to submit electronic quotes 
which represent the aggregate Market-Maker quoting interest in a 
series for the trading crowd. References to ``Hybrid,'' ``Hybrid 
System,'' or ``Hybrid Trading System'' in the Exchange's Rules 
include all platforms unless otherwise provided by rule, including 
both the Hybrid and Hybrid 3.0 platforms. See Rule 1.1(aaa) 
(Definitions--Hybrid Trading System). Currently, all classes traded 
on the Exchange are traded on the Hybrid System as defined under 
Rule 1.1(aaa), with standard SPX options contracts being the only 
group of series of any class that is traded on the Hybrid 3.0 
Platform.
    \6\ Although Rule 6.2 pertains to trading rotations, 
Interpretation and Policy .02 to Rule 6.2 provides that the 
Designated Primary Market-Maker (``DPM'') or LMM appointed in the 
class may deviate from any rotation policy or procedure issued by 
the Exchange with the approval of two Floor Officials. Rule 6.2B(h) 
is silent as to the type of closing procedure that may be employed 
in the interests of a fair and orderly market. Rule 24.13 references 
Rules 6.2 and 6.2B, indicating that the procedures set forth in 
those rules may be employed with respect to index options.
    \7\ See Rules 6.2.02, 6.2.03, 6.2.05, 6.2B(h), 6.2B(f), and 
24.13.01.
    \8\ See Rule 6.6(a) (Unusual Market Conditions) (Whenever in the 
judgment of any two Floor Officials, because of an influx of orders 
or other unusual conditions or circumstances, the interest of 
maintaining a fair and orderly market so require, those Floor 
Officials may declare the market in one or more classes of option 
contracts to be ``fast.'').
    \9\ See Rule 6.2.02.
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    Similarly, Rule 6.2B(g) permits the Exchange to employ a closing 
rotation in series traded on the Hybrid Trading System. Under Rule 
6.2B(h), the Exchange may decide to employ a closing rotation in a 
series after the end of the normal close of any trading session 
whenever the Exchange concludes that such action is appropriate in the 
interests of a fair and orderly market. Similar to Interpretation and 
Policy .02 to Rule 6.2, the list of factors that may be considered in 
determining whether to hold a closing rotation procedure include, but 
are not limited to, whether there has been a recent opening or 
reopening of trading in the underlying security, a declaration of a 
fast market, or a need for a closing procedure in connection with 
expiring individual security options, an end of the year procedure, or 
the restart of a procedure which is already in progress. Rule 6.2B(g) 
provides that senior Help Desk personnel and senior management may 
deviate from the standard manner of conducting a closing rotation in 
any option class if necessary in the interests of maintaining a fair 
and orderly market. Similarly, Rule 24.13 extends the closing rotation 
procedures in Rules 6.2 and 6.2B to index options products.\10\
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    \10\ Under Rule 24.13 (Trading Rotations), the Exchange may 
provide for the opening rotation to be conducted using the 
procedures as described in this Rule 24.13 or in Rule 6.2, or by use 
of the Exchange's Rapid Opening System as set forth in Rule 6.2A or 
the Exchange's Hybrid Opening System as set forth in Rule 6.2B. The 
DPM, LMM or Order Book Official (``OBO''), with the approval of two 
Floor Officials, may deviate from any rotation policy or procedure 
issued by the Exchange when they conclude in their judgment that 
such action is appropriate in the interests of a fair and orderly 
market.
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    In general, the Exchange's end-of-day bid and offer quotations are 
determined based on actual bids and offers displayed in market as of 
the close of trading on the Exchange. These final end-of-day bids and 
offer are used by various market participants, which may include 
broker-dealers, mutual funds, hedge funds, advisory firms, and clearing 
houses, for different business and risk-related functions such as 
portfolio performance analyses, daily profit and loss reports. On 
certain trading days, however, market conditions may cause Market-
Makers to widen or remove their quotes from the market during the final 
moments of trading in order to mitigate the risk and uncertainty 
associated with carrying overnight positions and the possibility of 
hedges being unavailable to offset such risk after the close of 
trading. Additionally, synchronization issues may cause Market-Makers 
to widen or remove their quotes from the market during the final 
moments of trading if their feed from the underlying futures markets 
are not synchronized with the Exchange's close of trading. In these 
instances, resulting quotations may not reflect true market pricing, 
which may artificially affect the Net Asset Value (``NAV'') of mutual 
funds, portfolio managers' performance indicators, and institutional 
and retail capital requirements. Consistent with the discretion 
afforded to the Exchange under Rules 6.2A, 6.2B, and 24.13, as 
discussed above, the Exchange may conduct special closing procedures to 
ensure that the end-of-day pricing is consistent with actual market 
conditions as of the close of trading if it concludes that deviation 
from the Exchange's standard closing procedures is appropriate in the 
interests of fair and orderly markets. In such cases, in addition to 
publishing the actual end-of-day bid and offer quotations displayed in 
market as of the close of trading, the Exchange provides notice to 
Trading Permit Holders (``TPHs'') that a second set of quotations, 
determined based on an objectively selected Market-Maker's 
algorithmically generated bid and offer quotations in affected series, 
will be disseminated after the close of trading pursuant to special 
closing procedures. In an effort to enhance and increase transparency 
around the end-of-day process, the Exchange proposes to change the way 
that it deals with wide and absent quotations in non-expiring series of 
SPX on days other than the final business day of each calendar month by 
adding to the Rules a procedure for disseminating clearly marked two-
sided indicative values, derived from previously displayed firm 
quotations and orders or generally accepted volatility and options 
pricing models after the close of trading.
Proposal
    The Exchange proposes to adopt paragraph (b) to Interpretation and 
Policy .06 to Rule 6.2B to describe its end-of-day process for 
formulating two-sided indicative values for certain series of SPX 
options when necessary in the interests of fair and orderly markets. 
Specifically, proposed paragraph (b) of Interpretation and Policy .06 
to Rule 6.2B would provide that following the close of trading on any 
trading day that is not the last business day of a calendar month, in 
addition to the Exchange's regular end-of-day quotations, the Exchange 
may determine, on a series-by-series basis, to disseminate two-sided 
indicative values in non-expiring series of SPX options in the 
interests of fair and orderly markets. Under the proposed rule, the 
determination to disseminate two-sided end-of-day indicative values 
would be made by the Exchange based on various sets of objective 
criteria such as the absence of any bid or offer in the series, whether 
the bid-ask differential in a series is unreasonably or extraordinarily 
wide in relation to the quote widths that existed in series during 
trading, or whether the midpoint between the quotes in the series moved 
by a certain amount within the final moments of trading.\11\
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    \11\ This process would not change the end-of-month fair value 
process, which is described in current Interpretation and Policy .06 
to Rule 6.2B and which would become paragraph (a) to Interpretation 
and Policy .06 to Rule 6.2B under the Exchange's proposal. In 
addition, the rule text would provide that the Exchange may 
determine, on a series-by-series basis, to disseminate two-sided 
indicative values in non-expiring series of SPX options only. This 
process would not be applicable to expiring series of SPX options as 
those series would be settled at the final cash market closing value 
(i.e. intrinsic value at expiration).
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    The Exchange would algorithmically derive such two-sided indicative 
values, on a series-by-series basis, based on the last displayed 
quotations and orders that meet an objective measure of reasonability 
(e.g., quotes and orders

[[Page 45652]]

that create a bid-ask differential that is not wider than a particular 
amount) prior to the close of trading. The Exchange notes that quotes 
and orders that meet the reasonability criteria typically exist within 
15 minutes of the close of trading. In the absence of quotes and orders 
in the series that meet the objective reasonability criteria, two-sided 
indicative values would be generated using generally accepted 
volatility and options pricing models (e.g., Black Scholes) as 
determined by the Exchange. The Exchange would apply the model to a set 
of data points (i.e. displayed quotations and orders) over a period of 
time prior to the close of trading to calculate implied volatility for 
all series within the data set and generate a volatility surface. 
Outlier data points (wide quotes or no bid series) would be removed 
from the calculation pursuant to a set of objective criteria. Using the 
derived volatility surface and ensuring that prices do not cross 
through closing bid/ask quotes (i.e., model-generated price cannot be 
lower than the market's highest bid price or greater than the lowest 
offer price), the Exchange would back out midpoint prices for all 
series and then generate two-sided indicative values around those 
midpoints, and the created spread would vary depending on series. Two-
sided indicative values would be disseminated via the Options Price 
Reporting Authority (``OPRA'') and CBOE Streaming Markets (``CSM''). 
Consistent with the last sentence of proposed Interpretation and Policy 
.06(b) to Rule 6.2B, which provides that two-sided indicative values 
would be clearly identified in an appropriate manner as determined by 
the Exchange, two-sided indicative values would be sent to OPRA with a 
specific message indicator (i.e. message type ``I'') that has been 
adopted by OPRA solely for the purpose of disseminating after-market 
indicative value information. Pursuant to OPRA message specifications, 
the new ``I'' message type would only be applicable to and active for 
messages sent after the close of trading of regular trading hours, 
which would be enforced to only allow ``I'' messages to be disseminated 
after 4:15 p.m. ET. The ``I'' indicator will not be disseminated for 
quotes generated during an extended trading hours session. The Exchange 
has communicated and worked with other OPRA reporting entities to 
ensure that within the industry, the transmission of aftermarket 
messages types marked ``I'' is defined within the OPRA message 
specifications and understood to be used to delineate informational 
two-sided indicative values. Pursuant to the proposed rule text, these 
OPRA message specifications and the ``I'' indicator would be further 
described and communicated to market participants via Regulatory 
Circular.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\12\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \13\ requirements that the rules of an exchange be 
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 regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, 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. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \14\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
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    In particular, the Exchange believes that generating end-of-day 
indicative values will serve to protect investors and the public 
interest by giving market participants another value to reference, if, 
for example, market participants believe the end-of-day indicative 
values are more accurate than the actual end-of-day values. The 
Exchange believes that the proposed procedure is a reasonable procedure 
permitting the Exchange to disseminate informational indicative values 
more reflective of actual options values in addition to final end-of-
day displayed quotations when members' systems issues or market 
conditions result in an absence of final quotes or extraordinarily wide 
final quotes without interfering in the markets or impeding any market 
functionalities that rely on accurate pricing or end-of-day quotes. The 
Exchange believes that such procedures may be especially appropriate 
given the fact that wide or no-bid closing prices may be a reflection 
of prudent risk control measures, which may cause market participants 
to widen or pull quotations from the market prior to the close of 
trading in order to avoid carrying overnight positions or taking on 
positions while appropriate hedging instruments are unavailable. The 
Exchange also believes that its proposal is consistent with the 
Commission's recent emphasis on the need for exchanges to adopt 
measures to protect investors by dampening the effects of 
unrepresentative market volatility on market participants.\15\
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    \15\ The Exchange also notes the Commission's emphasis on the 
need for exchanges to adopt measures to dampen and protect against 
excessive risk and market volatility. See, e.g., 15 U.S.C. 240.15c3-
5 (Risk Management Controls for Brokers or Dealers with Market 
Access); Securities Exchange Act Release No. 34-67091 (May 31, 
2011), (Order Approving, on a Pilot Basis, the National Market 
System Plan to Address Extraordinary Market Volatility), File No. 4-
631. Various exchanges have also instituted precautionary systematic 
controls to assist market participants in limiting exposure and 
ensuring against excessive risk-taking. See, e.g., Nasdaq ISE, LLC 
Rule 804(g) (Automated Quotation Adjustments); Nasdaq Stock Market 
LLC Rule 6130 (NASDAQ Kill Switch); see also Rule 8.18 (Quote Risk 
Monitor Mechanism).
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    Additionally, the Exchange believes that the proposed rule change, 
which simply proposes to make additional information regarding the 
indicative market value(s) of select SPX options available to market 
participants after the close of the markets is consistent with its 
trading rules and the Act. The proposed rule does not seek to modify 
any rules relating to or impacting the way in which options 
transactions are handled, represented, executed, or reported on the 
Exchange. Rather, the Exchange is simply proposing to make additional 
information available to market participants under certain 
circumstances in which such information may be informative or useful. 
This information would not be disseminated during trading hours and 
would be clearly marked to denote that it is informational only. The 
Exchange also believes that its proposal is consistent with current 
Rules 6.2, 6.2A, 6.2B and 24.13, which provide that the Exchange may, 
in the interests of a fair and orderly market, decide to employ the 
end-of-day indicative value process after the normal close of a trading 
session.

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 proposed rule change 
merely seeks to describe procedures that may be employed at the 
Exchange. The proposed procedures will be equally applied to affect all 
market participants

[[Page 45653]]

equally in the options market. Furthermore, when the Exchange employs 
the end-of-day indicative value process, market participants determine 
whether to utilize the indicative value.

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

    The Exchange neither solicited nor received written comments on 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)(iii) of the Act \16\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 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, 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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2017-062 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-CBOE-2017-062. 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 Web site (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 Web site 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2017-062, and should be 
submitted on or before October 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20889 Filed 9-28-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    45650                         Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices

                                                    provisions of 5 U.S.C. 552, will be                      solicit comments on the proposed rule                 indicative values for non-expiring series
                                                    available for Web site viewing and                       change from interested persons.                       of SPX options when the Exchange
                                                    printing in the Commission’s Public                                                                            determines that it is necessary to
                                                                                                             I. Self-Regulatory Organization’s
                                                    Reference Room, 100 F Street NE.,                                                                              publish such values in the interests of
                                                                                                             Statement of the Terms of Substance of
                                                    Washington, DC 20549 on official                                                                               fair and orderly markets on trading days
                                                                                                             the Proposed Rule Change                              other than the final business day of a
                                                    business days between the hours of
                                                    10:00 a.m. and 3:00 p.m. Copies of the                      The Exchange proposes to adopt a                   calendar month. The specific provisions
                                                    filing also will be available for                        process for disseminating two-sided                   of proposed paragraph (b) to
                                                    inspection and copying at the principal                  indicative values in non-expiring series              Interpretation and Policy .06 to Rule
                                                    office of the Exchange. All comments                     of S&P 500 Index (‘‘SPX’’) options,                   6.2B are discussed in detail below.
                                                    received will be posted without change;                  when necessary, in the interests of fair
                                                                                                                                                                   Background
                                                    the Commission does not edit personal                    and orderly markets (‘‘End-of-Day
                                                    identifying information from                             Indicative Values’’).                                    The Exchange’s opening and closing
                                                    submissions. You should submit only                         The text of the proposed rule change               procedures are codified in Rules 6.2
                                                    information that you wish to make                        is also available on the Exchange’s Web               (Trading Rotations), 6.2B (Hybrid
                                                    available publicly. All submissions                      site (http://www.cboe.com/AboutCBOE/                  Opening System (‘‘HOSS’’)), and 24.13
                                                    should refer to File Number SR–                          CBOELegalRegulatoryHome.aspx), at                     (Trading Rotations).5 In addition to
                                                    NYSEArca–2017–109 and should be                          the Exchange’s Office of the Secretary,               describing the Exchange’s normal
                                                    submitted on or before October 20,                       and at the Commission’s Public                        opening and closing procedures, the
                                                    2017.                                                    Reference Room.                                       Rules also provide for deviations from
                                                                                                                                                                   the Exchange’s regular opening and
                                                      For the Commission, by the Division of                 II. Self-Regulatory Organization’s                    closing procedures, which, from time-
                                                    Trading and Markets, pursuant to delegated               Statement of the Purpose of, and                      to-time, the Exchange employs in the
                                                    authority.27                                             Statutory Basis for, the Proposed Rule                interests of fair and orderly markets
                                                    Eduardo A. Aleman,                                       Change                                                under certain circumstances.6 Pursuant
                                                    Assistant Secretary.                                       In its filing with the Commission, the              to Rules 6.2, 6.2A, 6.2B and 24.13, the
                                                    [FR Doc. 2017–20888 Filed 9–28–17; 8:45 am]              Exchange included statements                          Exchange may, in the interests of a fair
                                                    BILLING CODE 8011–01–P                                   concerning the purpose of and basis for               and orderly market, decide to employ
                                                                                                             the proposed rule change and discussed                special closing procedures after the
                                                                                                             any comments it received on the                       normal close of a trading session.7 For
                                                    SECURITIES AND EXCHANGE                                  proposed rule change. The text of these               example, Interpretation and Policy .02
                                                    COMMISSION                                               statements may be examined at the                     to Rule 6.2 provides that a closing
                                                                                                             places specified in Item IV below. The                trading rotation may be conducted in
                                                    [Release No. 34–81714; File No. SR–CBOE–                 Exchange has prepared summaries, set                  non-expiring options whenever two
                                                    2017–062]                                                forth in sections A, B, and C below, of               Floor Officials conclude, in their
                                                                                                             the most significant aspects of such                  judgment, that such action is
                                                    Self-Regulatory Organizations;                           statements.
                                                    Chicago Board Options Exchange,                                                                                   5 Additional opening procedures for classes that

                                                    Incorporated; Notice of Filing and                       A. Self-Regulatory Organization’s                     are not traded on the Hybrid Trading System are
                                                    Immediate Effectiveness of a Proposed                    Statement of the Purpose of, and                      also contained in Rule 6.2A (Rapid Opening
                                                                                                             Statutory Basis for, the Proposed Rule                System). The ‘‘Hybrid Trading System’’ refers to the
                                                    Rule Change To Permit the Exchange                                                                             Exchange’s trading platform that allows Market-
                                                    To Publish End-of-Day Indicative                         Change                                                Makers to submit electronic quotes in their
                                                    Values in SPX After the Close of                         1. Purpose                                            appointed classes and any connectivity to the
                                                    Regular Trading Hours in SPX                                                                                   foregoing trading platform that is administered by
                                                                                                                The Exchange proposes to amend                     or on behalf of the Exchange, such as a
                                                    September 25, 2017.                                                                                            communications hub. ‘‘Hybrid 3.0 Platform’’ is an
                                                                                                             Interpretation and Policy .06 to Rule                 electronic trading platform on the Hybrid Trading
                                                       Pursuant to Section 19(b)(1) of the                   6.2B (Hybrid Opening (and Sometimes                   System that allows one or more quoters to submit
                                                    Securities Exchange Act of 1934 (the                     Closing) System (‘‘HOSS’’)) to establish              electronic quotes which represent the aggregate
                                                                                                             its aftermarket procedure for generating              Market-Maker quoting interest in a series for the
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                         trading crowd. References to ‘‘Hybrid,’’ ‘‘Hybrid
                                                    notice is hereby given that on                           two-sided indicative values in certain                System,’’ or ‘‘Hybrid Trading System’’ in the
                                                    September 18, 2017, Chicago Board                        series of SPX options (including series               Exchange’s Rules include all platforms unless
                                                    Options Exchange, Incorporated (the                      of SPX and SPXW). Specifically,                       otherwise provided by rule, including both the
                                                                                                             proposed paragraph (a) would contain                  Hybrid and Hybrid 3.0 platforms. See Rule 1.1(aaa)
                                                    ‘‘Exchange’’ or ‘‘CBOE’’) filed with the                                                                       (Definitions—Hybrid Trading System). Currently,
                                                    Securities and Exchange Commission                       the current text of Interpretation and                all classes traded on the Exchange are traded on the
                                                    (the ‘‘Commission’’) the proposed rule                   Policy .06 to Rule 6.2B, which the                    Hybrid System as defined under Rule 1.1(aaa), with
                                                    change as described in Items I and II                    Exchange is not proposing to change,                  standard SPX options contracts being the only
                                                                                                             regarding the Exchange’s end-of-month                 group of series of any class that is traded on the
                                                    below, which Items have been prepared                                                                          Hybrid 3.0 Platform.
                                                    by the Exchange. The Exchange filed the                  process for disseminating after the close                6 Although Rule 6.2 pertains to trading rotations,

                                                    proposal as a ‘‘non-controversial’’                      of trading bid and offer quotations that              Interpretation and Policy .02 to Rule 6.2 provides
                                                    proposed rule change pursuant to                         reflect a designated Lead Market-                     that the Designated Primary Market-Maker (‘‘DPM’’)
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                                                    Section 19(b)(3)(A)(iii) of the Act 3 and                Maker’s (‘‘LMM’s’’) calculated                        or LMM appointed in the class may deviate from
                                                                                                             theoretical fair value of non-expiring                any rotation policy or procedure issued by the
                                                    Rule 19b–4(f)(6) thereunder.4 The                                                                              Exchange with the approval of two Floor Officials.
                                                    Commission is publishing this notice to                  series of SPX options as of time of the               Rule 6.2B(h) is silent as to the type of closing
                                                                                                             close of trading in the underlying cash               procedure that may be employed in the interests of
                                                      27 17 CFR 200.30–3(a)(12).
                                                                                                             market on the last business day of each               a fair and orderly market. Rule 24.13 references
                                                                                                             calendar month. Proposed paragraph (b)                Rules 6.2 and 6.2B, indicating that the procedures
                                                      1 15 U.S.C. 78s(b)(1).                                                                                       set forth in those rules may be employed with
                                                      2 17 CFR 240.19b–4.                                    of Interpretation and Policy .06 to Rule              respect to index options.
                                                      3 15 U.S.C. 78s(b)(3)(A)(iii).                         6.2B would establish the Exchange’s                      7 See Rules 6.2.02, 6.2.03, 6.2.05, 6.2B(h), 6.2B(f),
                                                      4 17 CFR 240.19b–4(f)(6).                              process for generating two-sided                      and 24.13.01.



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                                                                                Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices                                                    45651

                                                    appropriate. Among the factors that may                 closing rotation procedures in Rules 6.2               quotations in affected series, will be
                                                    be considered in determining whether                    and 6.2B to index options products.10                  disseminated after the close of trading
                                                    to conduct a closing rotation are                          In general, the Exchange’s end-of-day               pursuant to special closing procedures.
                                                    whether there has been a recent opening                 bid and offer quotations are determined                In an effort to enhance and increase
                                                    or reopening of trading in the                          based on actual bids and offers                        transparency around the end-of-day
                                                    underlying security, a declaration of a                 displayed in market as of the close of                 process, the Exchange proposes to
                                                    ‘‘fast market’’ pursuant to Rule 6.6,8 a                trading on the Exchange. These final                   change the way that it deals with wide
                                                    need for a rotation in connection with                  end-of-day bids and offer are used by                  and absent quotations in non-expiring
                                                                                                            various market participants, which may                 series of SPX on days other than the
                                                    expiring individual security options, an
                                                                                                            include broker-dealers, mutual funds,                  final business day of each calendar
                                                    end of the year rotation, or the restart of
                                                                                                            hedge funds, advisory firms, and                       month by adding to the Rules a
                                                    a rotation which is already in progress.9               clearing houses, for different business                procedure for disseminating clearly
                                                    Notably, Interpretation and Policy .02 to               and risk-related functions such as                     marked two-sided indicative values,
                                                    Rule 6.2 explicitly provides that the list              portfolio performance analyses, daily                  derived from previously displayed firm
                                                    of examples identified as factors that                  profit and loss reports. On certain                    quotations and orders or generally
                                                    may be considered in determining                        trading days, however, market                          accepted volatility and options pricing
                                                    whether to employ a closing rotation are                conditions may cause Market-Makers to                  models after the close of trading.
                                                    exemplary, not exhaustive. In addition,                 widen or remove their quotes from the
                                                    Rule 6.2 expressly provides that the                    market during the final moments of                     Proposal
                                                    DPM or LMM appointed in the class                       trading in order to mitigate the risk and                 The Exchange proposes to adopt
                                                    may, with the approval of senior Help                   uncertainty associated with carrying                   paragraph (b) to Interpretation and
                                                    Desk personnel, deviate from any                        overnight positions and the possibility                Policy .06 to Rule 6.2B to describe its
                                                    rotation policy or procedure issued by                  of hedges being unavailable to offset                  end-of-day process for formulating two-
                                                    the Exchange. Such deviations from                      such risk after the close of trading.                  sided indicative values for certain series
                                                    normal policies and procedures may                      Additionally, synchronization issues                   of SPX options when necessary in the
                                                    include, for example, determinations to                 may cause Market-Makers to widen or                    interests of fair and orderly markets.
                                                    employ abbreviated closing rotation                     remove their quotes from the market                    Specifically, proposed paragraph (b) of
                                                    procedures pursuant to Interpretation                   during the final moments of trading if                 Interpretation and Policy .06 to Rule
                                                    and Policy .04 to Rule 6.2.                             their feed from the underlying futures                 6.2B would provide that following the
                                                                                                            markets are not synchronized with the                  close of trading on any trading day that
                                                       Similarly, Rule 6.2B(g) permits the                  Exchange’s close of trading. In these                  is not the last business day of a calendar
                                                    Exchange to employ a closing rotation                   instances, resulting quotations may not                month, in addition to the Exchange’s
                                                    in series traded on the Hybrid Trading                  reflect true market pricing, which may                 regular end-of-day quotations, the
                                                    System. Under Rule 6.2B(h), the                         artificially affect the Net Asset Value                Exchange may determine, on a series-
                                                    Exchange may decide to employ a                         (‘‘NAV’’) of mutual funds, portfolio                   by-series basis, to disseminate two-sided
                                                    closing rotation in a series after the end              managers’ performance indicators, and                  indicative values in non-expiring series
                                                    of the normal close of any trading                      institutional and retail capital                       of SPX options in the interests of fair
                                                    session whenever the Exchange                           requirements. Consistent with the                      and orderly markets. Under the
                                                    concludes that such action is                           discretion afforded to the Exchange                    proposed rule, the determination to
                                                    appropriate in the interests of a fair and              under Rules 6.2A, 6.2B, and 24.13, as                  disseminate two-sided end-of-day
                                                    orderly market. Similar to Interpretation               discussed above, the Exchange may                      indicative values would be made by the
                                                    and Policy .02 to Rule 6.2, the list of                 conduct special closing procedures to                  Exchange based on various sets of
                                                    factors that may be considered in                       ensure that the end-of-day pricing is                  objective criteria such as the absence of
                                                    determining whether to hold a closing                   consistent with actual market                          any bid or offer in the series, whether
                                                    rotation procedure include, but are not                 conditions as of the close of trading if               the bid-ask differential in a series is
                                                    limited to, whether there has been a                    it concludes that deviation from the                   unreasonably or extraordinarily wide in
                                                    recent opening or reopening of trading                  Exchange’s standard closing procedures                 relation to the quote widths that existed
                                                    in the underlying security, a declaration               is appropriate in the interests of fair and            in series during trading, or whether the
                                                    of a fast market, or a need for a closing               orderly markets. In such cases, in                     midpoint between the quotes in the
                                                                                                            addition to publishing the actual end-of-              series moved by a certain amount
                                                    procedure in connection with expiring
                                                                                                            day bid and offer quotations displayed                 within the final moments of trading.11
                                                    individual security options, an end of
                                                                                                            in market as of the close of trading, the                 The Exchange would algorithmically
                                                    the year procedure, or the restart of a
                                                                                                            Exchange provides notice to Trading                    derive such two-sided indicative values,
                                                    procedure which is already in progress.                 Permit Holders (‘‘TPHs’’) that a second                on a series-by-series basis, based on the
                                                    Rule 6.2B(g) provides that senior Help                  set of quotations, determined based on                 last displayed quotations and orders
                                                    Desk personnel and senior management                    an objectively selected Market-Maker’s                 that meet an objective measure of
                                                    may deviate from the standard manner                    algorithmically generated bid and offer                reasonability (e.g., quotes and orders
                                                    of conducting a closing rotation in any
                                                    option class if necessary in the interests                10 Under Rule 24.13 (Trading Rotations), the           11 This process would not change the end-of-

                                                    of maintaining a fair and orderly market.               Exchange may provide for the opening rotation to       month fair value process, which is described in
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                                                    Similarly, Rule 24.13 extends the                       be conducted using the procedures as described in      current Interpretation and Policy .06 to Rule 6.2B
                                                                                                            this Rule 24.13 or in Rule 6.2, or by use of the       and which would become paragraph (a) to
                                                                                                            Exchange’s Rapid Opening System as set forth in        Interpretation and Policy .06 to Rule 6.2B under the
                                                      8 See Rule 6.6(a) (Unusual Market Conditions)
                                                                                                            Rule 6.2A or the Exchange’s Hybrid Opening             Exchange’s proposal. In addition, the rule text
                                                    (Whenever in the judgment of any two Floor              System as set forth in Rule 6.2B. The DPM, LMM         would provide that the Exchange may determine,
                                                    Officials, because of an influx of orders or other      or Order Book Official (‘‘OBO’’), with the approval    on a series-by-series basis, to disseminate two-sided
                                                    unusual conditions or circumstances, the interest of    of two Floor Officials, may deviate from any           indicative values in non-expiring series of SPX
                                                    maintaining a fair and orderly market so require,       rotation policy or procedure issued by the Exchange    options only. This process would not be applicable
                                                    those Floor Officials may declare the market in one     when they conclude in their judgment that such         to expiring series of SPX options as those series
                                                    or more classes of option contracts to be ‘‘fast.’’).   action is appropriate in the interests of a fair and   would be settled at the final cash market closing
                                                      9 See Rule 6.2.02.                                    orderly market.                                        value (i.e. intrinsic value at expiration).



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                                                    45652                       Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices

                                                    that create a bid-ask differential that is              proposed rule text, these OPRA message                   close of trading in order to avoid
                                                    not wider than a particular amount)                     specifications and the ‘‘I’’ indicator                   carrying overnight positions or taking
                                                    prior to the close of trading. The                      would be further described and                           on positions while appropriate hedging
                                                    Exchange notes that quotes and orders                   communicated to market participants                      instruments are unavailable. The
                                                    that meet the reasonability criteria                    via Regulatory Circular.                                 Exchange also believes that its proposal
                                                    typically exist within 15 minutes of the                                                                         is consistent with the Commission’s
                                                                                                            2. Statutory Basis
                                                    close of trading. In the absence of quotes                                                                       recent emphasis on the need for
                                                    and orders in the series that meet the                     The Exchange believes the proposed                    exchanges to adopt measures to protect
                                                    objective reasonability criteria, two-                  rule change is consistent with the                       investors by dampening the effects of
                                                    sided indicative values would be                        Securities Exchange Act of 1934 (the                     unrepresentative market volatility on
                                                    generated using generally accepted                      ‘‘Act’’) and the rules and regulations                   market participants.15
                                                    volatility and options pricing models                   thereunder applicable to the Exchange                       Additionally, the Exchange believes
                                                    (e.g., Black Scholes) as determined by                  and, in particular, the requirements of                  that the proposed rule change, which
                                                    the Exchange. The Exchange would                        Section 6(b) of the Act.12 Specifically,                 simply proposes to make additional
                                                    apply the model to a set of data points                 the Exchange believes the proposed rule                  information regarding the indicative
                                                                                                            change is consistent with the Section                    market value(s) of select SPX options
                                                    (i.e. displayed quotations and orders)
                                                                                                            6(b)(5) 13 requirements that the rules of                available to market participants after the
                                                    over a period of time prior to the close
                                                                                                            an exchange be designed to prevent                       close of the markets is consistent with
                                                    of trading to calculate implied volatility
                                                                                                            fraudulent and manipulative acts and                     its trading rules and the Act. The
                                                    for all series within the data set and
                                                                                                            practices, to promote just and equitable                 proposed rule does not seek to modify
                                                    generate a volatility surface. Outlier data             principles of trade, to foster cooperation               any rules relating to or impacting the
                                                    points (wide quotes or no bid series)                   and coordination with persons engaged                    way in which options transactions are
                                                    would be removed from the calculation                   in regulating, clearing, settling,                       handled, represented, executed, or
                                                    pursuant to a set of objective criteria.                processing information with respect to,                  reported on the Exchange. Rather, the
                                                    Using the derived volatility surface and                and facilitating transactions in                         Exchange is simply proposing to make
                                                    ensuring that prices do not cross                       securities, to remove impediments to                     additional information available to
                                                    through closing bid/ask quotes (i.e.,                   and perfect the mechanism of a free and                  market participants under certain
                                                    model-generated price cannot be lower                   open market and a national market                        circumstances in which such
                                                    than the market’s highest bid price or                  system, and, in general, to protect                      information may be informative or
                                                    greater than the lowest offer price), the               investors and the public interest.                       useful. This information would not be
                                                    Exchange would back out midpoint                        Additionally, the Exchange believes the                  disseminated during trading hours and
                                                    prices for all series and then generate                 proposed rule change is consistent with                  would be clearly marked to denote that
                                                    two-sided indicative values around                      the Section 6(b)(5) 14 requirement that                  it is informational only. The Exchange
                                                    those midpoints, and the created spread                 the rules of an exchange not be designed                 also believes that its proposal is
                                                    would vary depending on series. Two-                    to permit unfair discrimination between                  consistent with current Rules 6.2, 6.2A,
                                                    sided indicative values would be                        customers, issuers, brokers, or dealers.                 6.2B and 24.13, which provide that the
                                                    disseminated via the Options Price                         In particular, the Exchange believes                  Exchange may, in the interests of a fair
                                                    Reporting Authority (‘‘OPRA’’) and                      that generating end-of-day indicative                    and orderly market, decide to employ
                                                    CBOE Streaming Markets (‘‘CSM’’).                       values will serve to protect investors                   the end-of-day indicative value process
                                                    Consistent with the last sentence of                    and the public interest by giving market                 after the normal close of a trading
                                                    proposed Interpretation and Policy                      participants another value to reference,                 session.
                                                    .06(b) to Rule 6.2B, which provides that                if, for example, market participants
                                                    two-sided indicative values would be                    believe the end-of-day indicative values                 B. Self-Regulatory Organization’s
                                                    clearly identified in an appropriate                    are more accurate than the actual end-                   Statement on Burden on Competition
                                                    manner as determined by the Exchange,                   of-day values. The Exchange believes                       The Exchange does not believe that
                                                    two-sided indicative values would be                    that the proposed procedure is a                         the proposed rule change will impose
                                                    sent to OPRA with a specific message                    reasonable procedure permitting the                      any burden on competition that is not
                                                    indicator (i.e. message type ‘‘I’’) that has            Exchange to disseminate informational                    necessary or appropriate in furtherance
                                                    been adopted by OPRA solely for the                     indicative values more reflective of                     of the purposes of the Act. The
                                                    purpose of disseminating after-market                   actual options values in addition to final               proposed rule change merely seeks to
                                                    indicative value information. Pursuant                  end-of-day displayed quotations when                     describe procedures that may be
                                                    to OPRA message specifications, the                     members’ systems issues or market                        employed at the Exchange. The
                                                    new ‘‘I’’ message type would only be                    conditions result in an absence of final                 proposed procedures will be equally
                                                    applicable to and active for messages                   quotes or extraordinarily wide final                     applied to affect all market participants
                                                    sent after the close of trading of regular              quotes without interfering in the
                                                    trading hours, which would be enforced                  markets or impeding any market                              15 The Exchange also notes the Commission’s

                                                    to only allow ‘‘I’’ messages to be                      functionalities that rely on accurate                    emphasis on the need for exchanges to adopt
                                                    disseminated after 4:15 p.m. ET. The ‘‘I’’                                                                       measures to dampen and protect against excessive
                                                                                                            pricing or end-of-day quotes. The                        risk and market volatility. See, e.g., 15 U.S.C.
                                                    indicator will not be disseminated for                  Exchange believes that such procedures                   240.15c3–5 (Risk Management Controls for Brokers
                                                    quotes generated during an extended                     may be especially appropriate given the                  or Dealers with Market Access); Securities
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    trading hours session. The Exchange has                 fact that wide or no-bid closing prices                  Exchange Act Release No. 34–67091 (May 31, 2011),
                                                    communicated and worked with other                                                                               (Order Approving, on a Pilot Basis, the National
                                                                                                            may be a reflection of prudent risk                      Market System Plan to Address Extraordinary
                                                    OPRA reporting entities to ensure that                  control measures, which may cause                        Market Volatility), File No. 4–631. Various
                                                    within the industry, the transmission of                market participants to widen or pull                     exchanges have also instituted precautionary
                                                    aftermarket messages types marked ‘‘I’’                 quotations from the market prior to the                  systematic controls to assist market participants in
                                                    is defined within the OPRA message                                                                               limiting exposure and ensuring against excessive
                                                                                                                                                                     risk-taking. See, e.g., Nasdaq ISE, LLC Rule 804(g)
                                                    specifications and understood to be                       12 15    U.S.C. 78f(b).                                (Automated Quotation Adjustments); Nasdaq Stock
                                                    used to delineate informational two-                      13 15    U.S.C. 78f(b)(5).                             Market LLC Rule 6130 (NASDAQ Kill Switch); see
                                                    sided indicative values. Pursuant to the                  14 Id.                                                 also Rule 8.18 (Quote Risk Monitor Mechanism).



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                                                                                 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices                                                45653

                                                    equally in the options market.                            Paper Comments                                         SECURITIES AND EXCHANGE
                                                    Furthermore, when the Exchange                                                                                   COMMISSION
                                                    employs the end-of-day indicative value                     • Send paper comments in triplicate
                                                    process, market participants determine                    to Secretary, Securities and Exchange
                                                                                                                                                                     [Release No. 34–81716; File No. SR–
                                                    whether to utilize the indicative value.                  Commission, 100 F Street NE.,
                                                                                                                                                                     NYSEAMER–2017–10]
                                                                                                              Washington, DC 20549–1090.
                                                    C. Self-Regulatory Organization’s
                                                    Statement on Comments on the                              All submissions should refer to File                   Self-Regulatory Organizations; NYSE
                                                    Proposed Rule Change Received From                        Number SR–CBOE–2017–062. This file                     American LLC; Notice of Filing and
                                                    Members, Participants, or Others                          number should be included on the                       Immediate Effectiveness of Proposed
                                                                                                              subject line if email is used. To help the             Rule Change To Amend Rule 928NY To
                                                      The Exchange neither solicited nor
                                                                                                              Commission process and review your                     Allow Certain Order Types To Be
                                                    received written comments on the
                                                                                                              comments more efficiently, please use                  Excluded From the Risk Limitation
                                                    proposed rule change.
                                                                                                              only one method. The Commission will                   Mechanism
                                                    III. Date of Effectiveness of the                         post all comments on the Commission’s
                                                    Proposed Rule Change and Timing for                                                                              September 25, 2017.
                                                                                                              Internet Web site (http://www.sec.gov/
                                                    Commission Action                                         rules/sro.shtml). Copies of the                           Pursuant to Section 19(b)(1) 1 of the
                                                       Because the foregoing proposed rule                    submission, all subsequent                             Securities Exchange Act of 1934 (the
                                                    change does not: (i) Significantly affect                 amendments, all written statements                     ‘‘Act’’),2 and Rule 19b–4 thereunder,3
                                                    the protection of investors or the public                 with respect to the proposed rule                      notice is hereby given that on
                                                    interest; (ii) impose any significant                     change that are filed with the                         September 11, 2017, NYSE American
                                                    burden on competition; and (iii) become                   Commission, and all written                            LLC (the ‘‘Exchange’’ or ‘‘NYSE
                                                    operative for 30 days from the date on                    communications relating to the                         American’’) filed with the Securities
                                                    which it was filed, or such shorter time                  proposed rule change between the                       and Exchange Commission (the
                                                    as the Commission may designate, it has                   Commission and any person, other than                  ‘‘Commission’’) the proposed rule
                                                    become effective pursuant to Section                      those that may be withheld from the                    change as described in Items I and II
                                                    19(b)(3)(A)(iii) of the Act 16 and                        public in accordance with the                          below, which Items have been prepared
                                                    subparagraph (f)(6) of Rule 19b–4                         provisions of 5 U.S.C. 552, will be                    by the self-regulatory organization. The
                                                    thereunder.17                                             available for Web site viewing and                     Commission is publishing this notice to
                                                       At any time within 60 days of the                      printing in the Commission’s Public                    solicit comments on the proposed rule
                                                    filing of the proposed rule change, the                   Reference Room, 100 F Street NE.,                      change from interested persons.
                                                    Commission summarily may                                  Washington, DC 20549 on official
                                                    temporarily suspend such rule change if                                                                          I. Self-Regulatory Organization’s
                                                                                                              business days between the hours of                     Statement of the Terms of the Substance
                                                    it appears to the Commission that such
                                                                                                              10:00 a.m. and 3:00 p.m. Copies of such                of the Proposed Rule Change
                                                    action is: (i) Necessary or appropriate in
                                                                                                              filing also will be available for
                                                    the public interest; (ii) for the protection
                                                    of investors; or (iii) otherwise in                       inspection and copying at the principal                   The Exchange proposes to amend
                                                    furtherance of the purposes of the Act.                   office of the Exchange. All comments                   Rule 928NY (Risk Limitation
                                                    If the Commission takes such action, the                  received will be posted without change;                Mechanism) to allow certain order types
                                                    Commission shall institute proceedings                    the Commission does not edit personal                  to be excluded from the risk limitation
                                                    to determine whether the proposed rule                    identifying information from                           mechanism. The proposed rule change
                                                    should be approved or disapproved.                        submissions. You should submit only                    is available on the Exchange’s Web site
                                                                                                              information that you wish to make                      at www.nyse.com, at the principal office
                                                    IV. Solicitation of Comments                              available publicly. All submissions                    of the Exchange, and at the
                                                      Interested persons are invited to                       should refer to File Number SR–CBOE–                   Commission’s Public Reference Room.
                                                    submit written data, views, and                           2017–062, and should be submitted on
                                                    arguments concerning the foregoing,                                                                              II. Self-Regulatory Organization’s
                                                                                                              or before October 20, 2017.
                                                    including whether the proposed rule                                                                              Statement of the Purpose of, and
                                                                                                                For the Commission, by the Division of               Statutory Basis for, the Proposed Rule
                                                    change is consistent with the Act.                        Trading and Markets, pursuant to delegated
                                                    Comments may be submitted by any of                                                                              Change
                                                                                                              authority.18
                                                    the following methods:                                                                                             In its filing with the Commission, the
                                                                                                              Eduardo A. Aleman,
                                                    Electronic Comments                                       Assistant Secretary.                                   self-regulatory organization included
                                                      • Use the Commission’s Internet                         [FR Doc. 2017–20889 Filed 9–28–17; 8:45 am]            statements concerning the purpose of,
                                                    comment form (http://www.sec.gov/                                                                                and basis for, the proposed rule change
                                                                                                              BILLING CODE 8011–01–P
                                                    rules/sro.shtml); or                                                                                             and discussed any comments it received
                                                      • Send an email to rule-comments@                                                                              on the proposed rule change. The text
                                                    sec.gov. Please include File Number SR–                                                                          of those statements may be examined at
                                                    CBOE–2017–062 on the subject line.                                                                               the places specified in Item IV below.
                                                                                                                                                                     The Exchange has prepared summaries,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      16 15  U.S.C. 78s(b)(3)(A)(iii).                                                                               set forth in sections A, B, and C below,
                                                      17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                             of the most significant parts of such
                                                    4(f)(6) requires a self-regulatory organization to give                                                          statements.
                                                    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                                                            1 15 U.S.C. 78s(b)(1).
                                                    of the proposed rule change, or such shorter time
                                                                                                                                                                       2 15 U.S.C. 78a.
                                                    as designated by the Commission. The Exchange
                                                    has satisfied this requirement.                             18 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2017-09-29 03:26:42
Document Modified: 2017-09-29 03:26:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 45650 

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