82_FR_51521 82 FR 51309 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reflect in the Exchange's Governing Documents, Rulebook and Fees Schedules, a Non-Substantive Corporate Branding Change, Including Changes to the Company's Name, the Intermediate's Name, and the Exchange's Name

82 FR 51309 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Reflect in the Exchange's Governing Documents, Rulebook and Fees Schedules, a Non-Substantive Corporate Branding Change, Including Changes to the Company's Name, the Intermediate's Name, and the Exchange's Name

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range51309-51311
FR Document2017-23927

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51309-51311]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23927]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81981; File No. SR-CBOE-2017-066]


Self-Regulatory Organizations; Chicago Board Options Exchange, 
Incorporated; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Reflect in the Exchange's Governing Documents, 
Rulebook and Fees Schedules, a Non-Substantive Corporate Branding 
Change, Including Changes to the Company's Name, the Intermediate's 
Name, and the Exchange's Name

October 30, 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 October 16, 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, II, and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposed rule change with respect to 
amendments of the Second Amended and Restated Certificate of 
Incorporation (the ``Company's Certificate'') and Third Amended and 
Restated Bylaws (the '' Company's Bylaws'') of its parent corporation, 
CBOE Holdings, Inc. (``CBOE Holdings'' or the ``Company'') to change 
the name of the Company to Cboe Global Markets, Inc. The Exchange also 
proposes to amend its Third Amended and Restated Certificate of 
Incorporation (the ``Exchange Certificate''), Eighth Amended and 
Restated Bylaws of Chicago Board Options, Exchange, Incorporated (the 
``Exchange Bylaws''), rulebook and fees schedules (collectively 
``operative documents'') in connection with the name change of its 
parent Company and the Exchange.
    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
Background
    The purpose of this filing is to reflect in the Exchange's 
governing documents (and the governing documents of its parent company, 
CBOE Holdings) and the Exchange's rulebook and fees schedules, a non-
substantive corporate branding change, including changes to the 
Company's name and the Exchange's name. Particularly, references to 
Company's and Exchange's names will be deleted and revised to state the 
new names, as described more fully below. No other substantive changes 
are being proposed in this filing. The Exchange represents that these 
changes are concerned solely with the administration of the Exchange 
and do not affect the meaning, administration, or enforcement of any 
rules of the Exchange or the rights, obligations, or privileges of 
Exchange members or their associated persons is [sic] any way. 
Accordingly, this filing is being submitted under Rule 19b-4(f)(3). In 
lieu of providing a copy of the marked name changes, the Exchange 
represents that it will make the necessary non-substantive revisions 
described below to the Exchange's corporate governance documents, 
rulebook, and fees schedules, and post updated versions of each on the 
Exchange's Web site pursuant to Rule 19b-4(m)(2).
The Company's Name Change
    In connection with the corporate name change of its parent company, 
the Exchange is proposing to amend the Company's Certificate and 
Bylaws. Specifically, the Company is changing its name from ``CBOE 
Holdings, Inc.'' to ``Cboe Global Markets, Inc.''
(a) Company's Certificate
    The Exchange proposes to (i) delete the following language from 
Paragraph (1) of the introductory paragraph: ``The name of the 
Corporation is CBOE Holdings, Inc.'' and (ii) amend Article First of 
the Company's Certificate to reflect the new name, ``Cboe Global 
Markets, Inc.''. The Exchange also proposes to add clarifying language 
and cite to the applicable provisions of the General Corporation Law of 
the State of Delaware in connection with the proposed name change. The 
Exchange notes that it is not amending the Company's name in the title 
or signature line as the name changes will not be effective until the 
Company, as currently named, files the proposed changes in Delaware. 
Thereafter, the Exchange will amend the Certificate to reflect the new 
name in the title and signature line. The Exchange also notes that 
although the Exchange's name is changing, as discussed more fully 
below, it is not amending the name of the Exchange referenced in 
Article Fifth(a)(iii) at this time. Particularly, the Exchange notes 
that unlike the exception applicable to proposed changes to the 
Company's name,\3\ a vote of stockholders is required to adopt an 
amendment to the reference of the Exchange's name. As such, the 
Exchange will submit a rule filing to amend the Certificate to reflect 
the new Exchange name at such time it is ready to obtain stockholder 
approval.
---------------------------------------------------------------------------

    \3\ See Section 242(b) of the General Corporation Law of the 
State of Delaware.
---------------------------------------------------------------------------

(b) Company's Bylaws
    With respect to the Company's Bylaws, references to ``CBOE 
Holdings, Inc.'' will be deleted and revised to state ``Cboe Global 
Markets, Inc.'' The Exchange also proposes to eliminate the reference 
to ``Chicago Board Options Exchange, Incorporated'' in Article 10, 
Section 10.2. Particularly, Section 10.2 provides that ``for so long as 
the Corporation shall control, directly or indirectly, any national 
securities exchange, including, but not limited to Chicago Board 
Options Exchange, Incorporated (a ``Regulated Securities Exchange 
Subsidiary''), before any amendment, alteration or repeal of any 
provision of the Bylaws shall be

[[Page 51310]]

effective, such amendment, alteration or repeal shall be submitted to 
the board of directors of each Regulated Securities Exchange 
Subsidiary, and if such amendment, alteration or repeal must be filed 
with or filed with and approved by the Securities and Exchange 
Commission, then such amendment, alteration or repeal shall not become 
effective until filed with or filed with and approved by the Securities 
and Exchange Commission, as the case may be.'' As the Company currently 
controls a number of Regulated Securities Exchange Subsidiaries, it 
does not believe it is necessary to explicitly reference only Chicago 
Board Option Exchange, Incorporated and therefore proposes to delete 
the following language: ``including, but not limited to Chicago Board 
Options Exchange, Incorporated''.
The Exchange's Name Change
    For purposes of consistency, certain of the Parent's subsidiaries 
have also undertaken to change their legal names. As a result, the 
Exchange also proposes to change its name from ``Chicago Board Options 
Exchange, Incorporated'' to ``Cboe Exchange, Inc.'' throughout its 
rules, fees schedules and corporate documents. The Exchange is also 
changing references to ``CBOE'' to ``Cboe Options'', with certain 
exceptions described below. Lastly, the Exchange is changing the name 
of ``Market Data Express, LLC'' to ``Cboe Data Services, LLC'' and 
consequently also changing references to ``MDX'' to ``CDS''. Therefore, 
the Exchange proposes to amend its: (i) Third Amended and Restated 
Certificate of Incorporation of Chicago Board Options Exchange, 
Incorporated (ii) Eighth Amended and Restated Bylaws of Chicago Board 
Options Exchange, Incorporated, (iii) Rulebook, (iv) Fees Schedule and 
(v) Market Data Express, LLC Fees Schedule (collectively, the 
``Operative Documents'') to reflect the name changes.
(a) Exchange's Certificate
    The Exchange proposes to (i) delete the following language from the 
introductory paragraph: ``The name of the Corporation is Chicago Board 
Options Exchange, Incorporated'' and (ii) amend Article First of the 
Exchange's Certificate to reflect the new name, ``Cboe Exchange, 
Inc.''. The Exchange also proposes to change references to its parent 
company, ``CBOE Holdings, Inc.'' to ``Cboe Global Markets, Inc.''. The 
Exchange notes that it is not amending the Exchange's name in the title 
or signature line as the name changes will not be effective until the 
Exchange, as currently named, files the proposed changes in Delaware. 
Thereafter, the Exchange will amend the Certificate to reflect the new 
name in the title and signature line.
(b) Exchange's Bylaws
    For the Exchange's Bylaws, all references to ``Chicago Board 
Options Exchange, Incorporated'' will be deleted and revised to state 
``Cboe Exchange, Inc.''. Additionally, a reference to its parent 
company, ``CBOE Holdings, Inc.'' will be deleted and revised to state 
``Cboe Global Markets, Inc.''.
(c) Exchange's Rulebook
    For the Rules of Chicago Board Options Exchange, Incorporated, all 
references to ``Chicago Board Options Exchange, Incorporated'', 
``Chicago Board Options Exchange, Inc.'' and ``Chicago Board Options 
Exchange'' will be deleted and revised to state ``Cboe Exchange, 
Inc.''. Additionally, notwithstanding the below exceptions, all 
references to ``CBOE'', will be deleted and revised to state ``Cboe 
Options''. The Exchange notes that references to ``CBOE'' that precedes 
any product name (e.g., ``CBOE Bio Tech'') \4\ will be deleted and 
revised to state ``Cboe''. Similarly, any references to ``CBOE 
Command'', ``CBOE Application Server'', ``CBOE Market Interface'' and 
CBOE Livevol, LLC'' will be deleted and revised to state ``Cboe 
Command'', ``Cboe Application Server'', ``Cboe Market Interface'' and 
``Cboe Livevol, LLC'', respectively. Lastly, the Exchange notes that 
any references to its parent company, ``CBOE Holdings, Inc.'' will be 
deleted and revised to state ``Cboe Global Markets, Inc.''.
---------------------------------------------------------------------------

    \4\ See Rule 24.1, Interpretation and Policies .01 
(Definitions).
---------------------------------------------------------------------------

(d) Exchange's Fees Schedule
    For the Chicago Board Options Exchange, Incorporated Fees Schedule, 
any reference to ``Chicago Board Options Exchange, Incorporated'' will 
be deleted and revised to state ``Cboe Exchange, Inc.''. Additionally, 
all references to ``CBOE'' will be deleted and revised to state ``Cboe 
Options'', with the exception that any references to ``CBOE Command'' 
will be deleted and revised to state ``Cboe Command''.
(e) Market Data Express, LLC Fees Schedule
    For the Market Data Express, LLC Fees Schedule, all references to 
``Market Data Express, LLC'' will be deleted and revised to state 
``Cboe Data Services, LLC'' and references to ``CBOE Streaming 
Markets'' will be deleted in its entirety. Additionally references to 
``MDX'' will be deleted and revised to state ``CDS''. Finally, all 
references to ``CBOE'' will be deleted and revised to state ``Cboe 
Options''.
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.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ 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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed change is a non-substantive change and 
does not impact the governance, ownership or operations of the 
Exchange. The Exchange believes that by ensuring that its parent 
company's governance documents and the Exchanges operative documents 
accurately reflect the new legal names, the proposed rule change would 
reduce potential investor or market participant confusion.

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 is 
not intended to address competitive issues but rather is concerned 
solely with updating the Company's and Exchange's governance and 
operative documents to reflect the abovementioned name changes.

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 comments on the 
proposed rule change.

[[Page 51311]]

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\ 
thereunder. At any time within 60 days of the filing of the proposed 
rule change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 rule-comments@sec.gov. Please include 
File Number SR-CBOE-2017-066 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2017-066. 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 the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CBOE-2017-066 and should be 
submitted on or before November 24, 2017.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23927 Filed 11-2-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices                                                   51309

                                               SW., Washington, DC 20260–1000.                            name change of its parent Company and                 The Company’s Name Change
                                               Telephone: (202) 268–4800.                                 the Exchange.                                            In connection with the corporate
                                               Julie S. Moore,                                               The text of the proposed rule change               name change of its parent company, the
                                               Secretary.                                                 is also available on the Exchange’s Web               Exchange is proposing to amend the
                                                                                                          site (http://www.cboe.com/AboutCBOE/                  Company’s Certificate and Bylaws.
                                               [FR Doc. 2017–24069 Filed 11–1–17; 11:15 am]
                                                                                                          CBOELegalRegulatoryHome.aspx), at                     Specifically, the Company is changing
                                               BILLING CODE 7710–12–P
                                                                                                          the Exchange’s Office of the Secretary,               its name from ‘‘CBOE Holdings, Inc.’’ to
                                                                                                          and at the Commission’s Public                        ‘‘Cboe Global Markets, Inc.’’
                                                                                                          Reference Room.
                                               SECURITIES AND EXCHANGE                                                                                          (a) Company’s Certificate
                                               COMMISSION                                                 II. Self-Regulatory Organization’s                       The Exchange proposes to (i) delete
                                                                                                          Statement of the Purpose of, and                      the following language from Paragraph
                                               [Release No. 34–81981; File No. SR–CBOE–
                                                                                                          Statutory Basis for, the Proposed Rule                (1) of the introductory paragraph: ‘‘The
                                               2017–066]
                                                                                                          Change                                                name of the Corporation is CBOE
                                               Self-Regulatory Organizations;                               In its filing with the Commission, the              Holdings, Inc.’’ and (ii) amend Article
                                               Chicago Board Options Exchange,                            Exchange included statements                          First of the Company’s Certificate to
                                               Incorporated; Notice of Filing and                         concerning the purpose of and basis for               reflect the new name, ‘‘Cboe Global
                                               Immediate Effectiveness of a Proposed                      the proposed rule change and discussed                Markets, Inc.’’. The Exchange also
                                               Rule Change To Reflect in the                              any comments it received on the                       proposes to add clarifying language and
                                               Exchange’s Governing Documents,                            proposed rule change. The text of these               cite to the applicable provisions of the
                                               Rulebook and Fees Schedules, a Non-                        statements may be examined at the                     General Corporation Law of the State of
                                               Substantive Corporate Branding                             places specified in Item IV below. The                Delaware in connection with the
                                               Change, Including Changes to the                           Exchange has prepared summaries, set                  proposed name change. The Exchange
                                               Company’s Name, the Intermediate’s                         forth in sections A, B, and C below, of               notes that it is not amending the
                                               Name, and the Exchange’s Name                              the most significant aspects of such                  Company’s name in the title or signature
                                                                                                          statements.                                           line as the name changes will not be
                                               October 30, 2017.                                                                                                effective until the Company, as
                                                  Pursuant to Section 19(b)(1) of the                     A. Self-Regulatory Organization’s                     currently named, files the proposed
                                               Securities Exchange Act of 1934 (the                       Statement of the Purpose of, and                      changes in Delaware. Thereafter, the
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     Statutory Basis for, the Proposed Rule                Exchange will amend the Certificate to
                                               notice is hereby given that on October                     Change                                                reflect the new name in the title and
                                               16, 2017, Chicago Board Options                                                                                  signature line. The Exchange also notes
                                               Exchange, Incorporated (the ‘‘Exchange’’                   1. Purpose
                                                                                                                                                                that although the Exchange’s name is
                                               or ‘‘CBOE’’) filed with the Securities                     Background                                            changing, as discussed more fully
                                               and Exchange Commission (the                                                                                     below, it is not amending the name of
                                               ‘‘Commission’’) the proposed rule                             The purpose of this filing is to reflect
                                                                                                          in the Exchange’s governing documents                 the Exchange referenced in Article
                                               change as described in Items I, II, and                                                                          Fifth(a)(iii) at this time. Particularly, the
                                               III below, which Items have been                           (and the governing documents of its
                                                                                                          parent company, CBOE Holdings) and                    Exchange notes that unlike the
                                               prepared by the Exchange. The                                                                                    exception applicable to proposed
                                               Commission is publishing this notice to                    the Exchange’s rulebook and fees
                                                                                                          schedules, a non-substantive corporate                changes to the Company’s name,3 a vote
                                               solicit comments on the proposed rule                                                                            of stockholders is required to adopt an
                                               change from interested persons.                            branding change, including changes to
                                                                                                          the Company’s name and the                            amendment to the reference of the
                                               I. Self-Regulatory Organization’s                                                                                Exchange’s name. As such, the
                                                                                                          Exchange’s name. Particularly,
                                               Statement of the Terms of Substance of                                                                           Exchange will submit a rule filing to
                                                                                                          references to Company’s and Exchange’s
                                               the Proposed Rule Change                                                                                         amend the Certificate to reflect the new
                                                                                                          names will be deleted and revised to
                                                                                                                                                                Exchange name at such time it is ready
                                                  The Exchange filed a proposed rule                      state the new names, as described more
                                                                                                                                                                to obtain stockholder approval.
                                               change with respect to amendments of                       fully below. No other substantive
                                               the Second Amended and Restated                            changes are being proposed in this                    (b) Company’s Bylaws
                                               Certificate of Incorporation (the                          filing. The Exchange represents that                     With respect to the Company’s
                                               ‘‘Company’s Certificate’’) and Third                       these changes are concerned solely with               Bylaws, references to ‘‘CBOE Holdings,
                                               Amended and Restated Bylaws (the ’’                        the administration of the Exchange and                Inc.’’ will be deleted and revised to state
                                               Company’s Bylaws’’) of its parent                          do not affect the meaning,                            ‘‘Cboe Global Markets, Inc.’’ The
                                               corporation, CBOE Holdings, Inc.                           administration, or enforcement of any                 Exchange also proposes to eliminate the
                                               (‘‘CBOE Holdings’’ or the ‘‘Company’’)                     rules of the Exchange or the rights,                  reference to ‘‘Chicago Board Options
                                               to change the name of the Company to                       obligations, or privileges of Exchange                Exchange, Incorporated’’ in Article 10,
                                               Cboe Global Markets, Inc. The Exchange                     members or their associated persons is                Section 10.2. Particularly, Section 10.2
                                               also proposes to amend its Third                           [sic] any way. Accordingly, this filing is            provides that ‘‘for so long as the
                                               Amended and Restated Certificate of                        being submitted under Rule 19b–4(f)(3).               Corporation shall control, directly or
                                               Incorporation (the ‘‘Exchange                              In lieu of providing a copy of the                    indirectly, any national securities
                                               Certificate’’), Eighth Amended and                         marked name changes, the Exchange                     exchange, including, but not limited to
                                               Restated Bylaws of Chicago Board                           represents that it will make the                      Chicago Board Options Exchange,
ethrower on DSK3G9T082PROD with NOTICES




                                               Options, Exchange, Incorporated (the                       necessary non-substantive revisions                   Incorporated (a ‘‘Regulated Securities
                                               ‘‘Exchange Bylaws’’), rulebook and fees                    described below to the Exchange’s                     Exchange Subsidiary’’), before any
                                               schedules (collectively ‘‘operative                        corporate governance documents,                       amendment, alteration or repeal of any
                                               documents’’) in connection with the                        rulebook, and fees schedules, and post                provision of the Bylaws shall be
                                                                                                          updated versions of each on the
                                                 1 15   U.S.C. 78s(b)(1).                                 Exchange’s Web site pursuant to Rule                    3 See Section 242(b) of the General Corporation
                                                 2 17   CFR 240.19b–4.                                    19b–4(m)(2).                                          Law of the State of Delaware.



                                          VerDate Sep<11>2014      16:18 Nov 02, 2017   Jkt 244001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\03NON1.SGM   03NON1


                                               51310                        Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices

                                               effective, such amendment, alteration or                Exchange, as currently named, files the               its entirety. Additionally references to
                                               repeal shall be submitted to the board of               proposed changes in Delaware.                         ‘‘MDX’’ will be deleted and revised to
                                               directors of each Regulated Securities                  Thereafter, the Exchange will amend the               state ‘‘CDS’’. Finally, all references to
                                               Exchange Subsidiary, and if such                        Certificate to reflect the new name in                ‘‘CBOE’’ will be deleted and revised to
                                               amendment, alteration or repeal must be                 the title and signature line.                         state ‘‘Cboe Options’’.
                                               filed with or filed with and approved by
                                               the Securities and Exchange                             (b) Exchange’s Bylaws                                 2. Statutory Basis
                                               Commission, then such amendment,                           For the Exchange’s Bylaws, all
                                                                                                                                                                The Exchange believes the proposed
                                               alteration or repeal shall not become                   references to ‘‘Chicago Board Options
                                                                                                                                                             rule change is consistent with the
                                               effective until filed with or filed with                Exchange, Incorporated’’ will be deleted
                                                                                                       and revised to state ‘‘Cboe Exchange,                 Securities Exchange Act of 1934 (the
                                               and approved by the Securities and
                                                                                                       Inc.’’. Additionally, a reference to its              ‘‘Act’’) and the rules and regulations
                                               Exchange Commission, as the case may
                                               be.’’ As the Company currently controls                 parent company, ‘‘CBOE Holdings, Inc.’’               thereunder applicable to the Exchange
                                               a number of Regulated Securities                        will be deleted and revised to state                  and, in particular, the requirements of
                                               Exchange Subsidiaries, it does not                      ‘‘Cboe Global Markets, Inc.’’.                        Section 6(b) of the Act.5 Specifically,
                                               believe it is necessary to explicitly                                                                         the Exchange believes the proposed rule
                                                                                                       (c) Exchange’s Rulebook                               change is consistent with the Section
                                               reference only Chicago Board Option
                                               Exchange, Incorporated and therefore                       For the Rules of Chicago Board                     6(b)(5) 6 requirements that the rules of
                                               proposes to delete the following                        Options Exchange, Incorporated, all                   an exchange be designed to prevent
                                               language: ‘‘including, but not limited to               references to ‘‘Chicago Board Options                 fraudulent and manipulative acts and
                                               Chicago Board Options Exchange,                         Exchange, Incorporated’’, ‘‘Chicago                   practices, to promote just and equitable
                                               Incorporated’’.                                         Board Options Exchange, Inc.’’ and                    principles of trade, to foster cooperation
                                                                                                       ‘‘Chicago Board Options Exchange’’ will               and coordination with persons engaged
                                               The Exchange’s Name Change                              be deleted and revised to state ‘‘Cboe                in regulating, clearing, settling,
                                                  For purposes of consistency, certain                 Exchange, Inc.’’. Additionally,                       processing information with respect to,
                                               of the Parent’s subsidiaries have also                  notwithstanding the below exceptions,                 and facilitating transactions in
                                               undertaken to change their legal names.                 all references to ‘‘CBOE’’, will be                   securities, to remove impediments to
                                               As a result, the Exchange also proposes                 deleted and revised to state ‘‘Cboe                   and perfect the mechanism of a free and
                                               to change its name from ‘‘Chicago Board                 Options’’. The Exchange notes that                    open market and a national market
                                               Options Exchange, Incorporated’’ to                     references to ‘‘CBOE’’ that precedes any              system, and, in general, to protect
                                               ‘‘Cboe Exchange, Inc.’’ throughout its                  product name (e.g., ‘‘CBOE Bio Tech’’) 4              investors and the public interest.
                                               rules, fees schedules and corporate                     will be deleted and revised to state
                                               documents. The Exchange is also                                                                                  In particular, the proposed change is
                                                                                                       ‘‘Cboe’’. Similarly, any references to                a non-substantive change and does not
                                               changing references to ‘‘CBOE’’ to ‘‘Cboe               ‘‘CBOE Command’’, ‘‘CBOE Application
                                               Options’’, with certain exceptions                                                                            impact the governance, ownership or
                                                                                                       Server’’, ‘‘CBOE Market Interface’’ and
                                               described below. Lastly, the Exchange is                                                                      operations of the Exchange. The
                                                                                                       CBOE Livevol, LLC’’ will be deleted and
                                               changing the name of ‘‘Market Data                                                                            Exchange believes that by ensuring that
                                                                                                       revised to state ‘‘Cboe Command’’,
                                               Express, LLC’’ to ‘‘Cboe Data Services,                                                                       its parent company’s governance
                                                                                                       ‘‘Cboe Application Server’’, ‘‘Cboe
                                               LLC’’ and consequently also changing                                                                          documents and the Exchanges operative
                                                                                                       Market Interface’’ and ‘‘Cboe Livevol,
                                               references to ‘‘MDX’’ to ‘‘CDS’’.                       LLC’’, respectively. Lastly, the Exchange             documents accurately reflect the new
                                               Therefore, the Exchange proposes to                     notes that any references to its parent               legal names, the proposed rule change
                                               amend its: (i) Third Amended and                        company, ‘‘CBOE Holdings, Inc.’’ will                 would reduce potential investor or
                                               Restated Certificate of Incorporation of                be deleted and revised to state ‘‘Cboe                market participant confusion.
                                               Chicago Board Options Exchange,                         Global Markets, Inc.’’.                               B. Self-Regulatory Organization’s
                                               Incorporated (ii) Eighth Amended and
                                                                                                       (d) Exchange’s Fees Schedule                          Statement on Burden on Competition
                                               Restated Bylaws of Chicago Board
                                               Options Exchange, Incorporated, (iii)                     For the Chicago Board Options                         The Exchange does not believe that
                                               Rulebook, (iv) Fees Schedule and (v)                    Exchange, Incorporated Fees Schedule,                 the proposed rule change will impose
                                               Market Data Express, LLC Fees                           any reference to ‘‘Chicago Board                      any burden on competition that is not
                                               Schedule (collectively, the ‘‘Operative                 Options Exchange, Incorporated’’ will                 necessary or appropriate in furtherance
                                               Documents’’) to reflect the name                        be deleted and revised to state ‘‘Cboe                of the purposes of the Act. The
                                               changes.                                                Exchange, Inc.’’. Additionally, all                   proposed rule change is not intended to
                                               (a) Exchange’s Certificate                              references to ‘‘CBOE’’ will be deleted                address competitive issues but rather is
                                                                                                       and revised to state ‘‘Cboe Options’’,                concerned solely with updating the
                                                  The Exchange proposes to (i) delete                  with the exception that any references
                                               the following language from the                                                                               Company’s and Exchange’s governance
                                                                                                       to ‘‘CBOE Command’’ will be deleted                   and operative documents to reflect the
                                               introductory paragraph: ‘‘The name of                   and revised to state ‘‘Cboe Command’’.
                                               the Corporation is Chicago Board                                                                              abovementioned name changes.
                                               Options Exchange, Incorporated’’ and                    (e) Market Data Express, LLC Fees                     C. Self-Regulatory Organization’s
                                               (ii) amend Article First of the                         Schedule                                              Statement on Comments on the
                                               Exchange’s Certificate to reflect the new                 For the Market Data Express, LLC                    Proposed Rule Change Received From
                                               name, ‘‘Cboe Exchange, Inc.’’. The                      Fees Schedule, all references to ‘‘Market             Members, Participants, or Others
ethrower on DSK3G9T082PROD with NOTICES




                                               Exchange also proposes to change                        Data Express, LLC’’ will be deleted and
                                               references to its parent company,                       revised to state ‘‘Cboe Data Services,                  The Exchange neither solicited nor
                                               ‘‘CBOE Holdings, Inc.’’ to ‘‘Cboe Global                LLC’’ and references to ‘‘CBOE                        received comments on the proposed
                                               Markets, Inc.’’. The Exchange notes that                Streaming Markets’’ will be deleted in                rule change.
                                               it is not amending the Exchange’s name
                                               in the title or signature line as the name                4 See Rule 24.1, Interpretation and Policies .01      5 15   U.S.C. 78f(b).
                                               changes will not be effective until the                 (Definitions).                                          6 15   U.S.C. 78f(b)(5).



                                          VerDate Sep<11>2014   16:18 Nov 02, 2017   Jkt 244001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\03NON1.SGM     03NON1


                                                                             Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Notices                                                  51311

                                               III. Date of Effectiveness of the                       Reference Room, 100 F Street NE.,                      Register on May 4, 2017.3 On June 15,
                                               Proposed Rule Change and Timing for                     Washington, DC 20549, on official                      2017, pursuant to Section 19(b)(2) of the
                                               Commission Action                                       business days between the hours of                     Exchange Act,4 the Commission
                                                  The foregoing rule change has become                 10:00 a.m. and 3:00 p.m. Copies of the                 designated a longer period within which
                                               effective pursuant to Section 19(b)(3)(A)               filing also will be available for                      to approve the proposed rule change,
                                               of the Act 7 and paragraph (f) of Rule                  inspection and copying at the principal                disapprove the proposed rule change, or
                                               19b–4 8 thereunder. At any time within                  office of the Exchange. All comments                   institute proceedings to determine
                                               60 days of the filing of the proposed rule              received will be posted without change.                whether to disapprove the proposed
                                               change, the Commission summarily may                    Persons submitting comments are                        rule change.5 The Commission received
                                               temporarily suspend such rule change if                 cautioned that we do not redact or edit                four comments on the proposed rule
                                               it appears to the Commission that such                  personal identifying information from                  change.6 On July 31, 2017, the
                                               action is necessary or appropriate in the               comment submissions. You should                        Commission instituted proceedings
                                               public interest, for the protection of                  submit only information that you wish                  under Section 19(b)(2)(B) of the
                                               investors, or otherwise in furtherance of               to make available publicly. All                        Exchange Act 7 to determine whether to
                                               the purposes of the Act. If the                         submissions should refer to File                       approve or disapprove the proposed
                                               Commission takes such action, the                       Number SR–CBOE–2017–066 and                            rule change.8 Since then, the
                                               Commission will institute proceedings                   should be submitted on or before                       Commission has received five
                                               to determine whether the proposed rule                  November 24, 2017.                                     additional comments on the proposed
                                               change should be approved or                                                                                   rule change.9
                                                                                                         For the Commission, by the Division of
                                               disapproved.                                                                                                     Section 19(b)(2) of the Act 10 provides
                                                                                                       Trading and Markets, pursuant to delegated
                                                                                                       authority.9                                            that, after initiating proceedings, the
                                               IV. Solicitation of Comments                                                                                   Commission shall issue an order
                                                                                                       Eduardo A. Aleman,
                                                 Interested persons are invited to                                                                            approving or disapproving the proposed
                                                                                                       Assistant Secretary.                                   rule change not later than 180 days after
                                               submit written data, views, and
                                                                                                       [FR Doc. 2017–23927 Filed 11–2–17; 8:45 am]            the date of publication of notice of filing
                                               arguments concerning the foregoing,
                                               including whether the proposed rule                     BILLING CODE 8011–01–P                                 of the proposed rule change. The
                                               change is consistent with the Act.                                                                             Commission, however, may extend the
                                               Comments may be submitted by any of                                                                            period for issuing an order approving or
                                                                                                       SECURITIES AND EXCHANGE                                disapproving the proposed rule change
                                               the following methods:
                                                                                                       COMMISSION                                             by not more than 60 days if the
                                               Electronic Comments
                                                 • Use the Commission’s Internet                       [Release No. 34–81977; File No. SR–                       3 See Securities Exchange Act Release No. 80553

                                               comment form (http://www.sec.gov/                       NYSEArca–2017–36]                                      (April 28, 2017), 82 FR 20932.
                                                                                                                                                                 4 15 U.S.C. 78s(b)(2).
                                               rules/sro.shtml); or                                                                                              5 See Securities Exchange Act Release No. 80935,
                                                 • Send an email to rule-comments@                     Self-Regulatory Organizations; NYSE
                                                                                                       Arca, Inc.; Notice of Designation of                   82 FR 28152 (June 20, 2017). The Commission
                                               sec.gov. Please include File Number SR–                                                                        designated August 2, 2017, as the date by which it
                                               CBOE–2017–066 on the subject line.                      Longer Period for Commission Action                    should approve or disapprove, or institute
                                                                                                       on Proceedings To Determine Whether                    proceedings to determine whether to disapprove,
                                               Paper Comments                                          To Approve or Disapprove a Proposed                    the proposed rule change.
                                                 • Send paper comments in triplicate
                                                                                                                                                                 6 See Letter from Gary L. Gastineau, President,
                                                                                                       Rule Change To Adopt NYSE Arca
                                                                                                                                                              ETF Consultants.com, Inc., to Brent J. Fields,
                                               to Brent J. Fields, Secretary, Securities               Equities Rule 8.900 To Permit Listing                  Secretary, Commission, dated May 24, 2017; Letter
                                               and Exchange Commission, 100 F Street                   and Trading of Managed Portfolio                       from Todd J. Broms, Chief Executive Officer, Broms
                                               NE., Washington, DC 20549–1090.                         Shares and To List and Trade Shares                    & Company LLC, to Brent J. Fields, Secretary,
                                                                                                       of the Royce Pennsylvania ETF, Royce                   Commission, dated May 25, 2017; Letter from James
                                               All submissions should refer to File                                                                           J. Angel, Associate Professor of Finance,
                                               Number SR–CBOE–2017–066. This file                      Premier ETF, and Royce Total Return                    Georgetown University, McDonough School of
                                               number should be included on the                        ETF Under Proposed NYSE Arca                           Business, to the Commission, dated May 25, 2017;
                                               subject line if email is used. To help the              Equities Rule 8.900                                    and Terence W. Norman, Founder, Blue Tractor
                                                                                                                                                              Group, LLC, to Brent J. Fields, Secretary,
                                               Commission process and review your                                                                             Commission, dated July 18, 2017. The comment
                                                                                                       October 30, 2017.
                                               comments more efficiently, please use                                                                          letters are available on the Commission’s Web site
                                               only one method. The Commission will                       On April 14, 2017, NYSE Arca, Inc.                  at: https://www.sec.gov/comments/sr-nysearca-
                                               post all comments on the Commission’s                   (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                  2017-36/nysearca2017-36.htm.
                                                                                                                                                                 7 15 U.S.C. 78s(b)(2)(B).
                                               Internet Web site (http://www.sec.gov/                  with the Securities and Exchange
                                                                                                                                                                 8 See Securities Exchange Act Release No. 81267,
                                               rules/sro.shtml). Copies of the                         Commission (‘‘Commission’’), pursuant
                                                                                                                                                              82 FR 36510 (August 4, 2017).
                                               submission, all subsequent                              to Section 19(b)(1) of the Securities                     9 See Letter from Christopher P. Wilcox, J.P.
                                               amendments, all written statements                      Exchange Act of 1934 (‘‘Exchange                       Morgan Asset Management, to David W. Grim,
                                               with respect to the proposed rule                       Act’’) 1 and Rule 19b–4 thereunder,2 a                 Director, Division of Investment Management,
                                               change that are filed with the                          proposed rule change to: (1) Adopt                     Commission, dated July 7, 2017; Letter from Mark
                                                                                                                                                              Criscitello, Chairman, Precidian Funds LLC, to
                                               Commission, and all written                             NYSE Arca Equities Rule 8.900                          Brent J. Fields, Secretary, Commission, dated
                                               communications relating to the                          (Managed Portfolio Shares); and (2) list               October 11, 2017; Letter from Daniel J. McCabe,
                                               proposed rule change between the                        and trade shares of the Royce                          Chief Executive, Precidian Investments, to Brent J.
                                               Commission and any person, other than                   Pennsylvania ETF, Royce Premier ETF,                   Fields, Secretary, Commission, dated October 12,
                                                                                                                                                              2017; Letter from Andrew M. Gross, Jr., to Jay
                                               those that may be withheld from the                     and Royce Total Return ETF under
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                              Clayton, Chairman, Commission, dated October 16,
                                               public in accordance with the                           proposed NYSE Arca Equities Rule                       2017; and Letter from Joseph A. Sullivan, Chairman
                                               provisions of 5 U.S.C. 552, will be                     8.900. The proposed rule change was                    and Chief Executive Officer, Legg Mason, Inc., to
                                               available for Web site viewing and                      published for comment in the Federal                   Brent J. Fields, Secretary, Commission, dated
                                                                                                                                                              October 12, 2017. The comment letters are available
                                               printing in the Commission’s Public                                                                            on the Commission’s Web site at: https://
                                                                                                         9 17 CFR 200.30–3(a)(12).                            www.sec.gov/comments/sr-nysearca-2017-36/
                                                 7 15 U.S.C. 78s(b)(3)(A).                               1 15 U.S.C. 78s(b)(1).                               nysearca201736.htm.
                                                 8 17 CFR 240.19b–4(f).                                  2 17 CFR 240.19b–4.                                     10 15 U.S.C. 78s(b)(2).




                                          VerDate Sep<11>2014   16:18 Nov 02, 2017   Jkt 244001   PO 00000   Frm 00102   Fmt 4703    Sfmt 4703   E:\FR\FM\03NON1.SGM   03NON1



Document Created: 2018-10-25 10:23:46
Document Modified: 2018-10-25 10:23:46
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 51309 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR