82_FR_61863 82 FR 61615 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 6.42, Minimum Increments for Bids and Offers, To Extend the Penny Pilot Program

82 FR 61615 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 6.42, Minimum Increments for Bids and Offers, To Extend the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range61615-61617
FR Document2017-27995

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Pages 61615-61617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27995]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82375; File No. SR-CBOE-2017-078]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
6.42, Minimum Increments for Bids and Offers, To Extend the Penny Pilot 
Program

December 21, 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 December 14, 2017, Cboe Exchange, Inc. (the ``Exchange'' or 
``Cboe Options'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. 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).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.42 by extending the Penny 
Pilot Program through June 30, 2018.
    (additions are underlined; deletions are [bracketed])
* * * * *

Cboe Exchange, Inc.

Rules

* * * * *

Rule 6.42. Minimum Increments for Bids and Offers

    The Board of Directors may establish minimum increments for options 
traded on the Exchange. When the Board of Directors determines to 
change the minimum increments, the Exchange will designate such change 
as a stated policy, practice, or interpretation with respect to the 
administration of Rule 6.42 within the meaning of subparagraph (3)(A) 
of subsection 19(b) of the Exchange Act and will file a rule change for 
effectiveness upon filing with the Commission. Until such time as the 
Board of Directors makes a change to the minimum increments, the 
following minimum increments shall apply to options traded on the 
Exchange:
    (1) No change.
    (2) No change.
    (3) The decimal increments for bids and offers for all series of 
the option classes participating in the Penny Pilot Program are: $0.01 
for all option series quoted below $3 (including LEAPS), and $0.05 for 
all option series $3 and above (including LEAPS). For QQQQs, IWM, and 
SPY, the minimum increment is $0.01 for all option series. The Exchange 
may replace any option class participating in the Penny Pilot Program 
that has been delisted with the next most actively-traded, multiply-
listed option class, based on national average daily volume in the 
preceding six calendar months, that is not yet included in the Pilot 
Program. Any replacement class would be added on the second trading day 
following [July 1, 2017]January 1, 2018. The Penny Pilot shall expire 
on [December 31, 2017]June 30, 2018.
    (4) No change.
    . . . Interpretations and Policies:
    .01-.04 No change.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Penny Pilot Program (the ``Pilot Program'') is scheduled to 
expire on December 31, 2017. The Exchange proposes to extend the Pilot 
Program until June 30, 2017. The Exchange believes that extending the 
Pilot Program will allow for further analysis of the Pilot Program and 
a determination of how the Pilot Program should be structured in the 
future.
    During this extension of the Pilot Program, the Exchange proposes 
that it may replace any option class that is currently included in the 
Pilot Program and that has been delisted with the next most actively 
traded, multiply listed option class that is not yet participating in 
the Pilot Program (``replacement class''). Any replacement class would 
be determined based on national average daily volume in the preceding 
six months,\5\ and would be added on the second trading day following 
January 1, 2018. The Exchange will employ the same parameters to 
prospective replacement classes as approved and applicable in 
determining the existing classes in the Pilot Program, including 
excluding high-priced underlying securities.\6\ The Exchange will 
announce to its Trading Permit Holders by circular any replacement 
classes in the Pilot Program.
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    \5\ The month immediately preceding a replacement class's 
addition to the Pilot Program (i.e., December) would not be used for 
purposes of the six-month analysis. Thus, a replacement class to be 
added on the second trading day following January 1, 2018, would be 
identified based on The Option Clearing Corporation's trading volume 
data from June 1, 2017 through November 30, 2017.
    \6\ See Securities Exchange Act Release No. 60864 (October 22, 
2009), 74 FR 55876 (October 29, 2009) (SR-CBOE-2009-76).
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    The Exchange is specifically authorized to act jointly with the 
other options exchanges participating in the Pilot Program in 
identifying any replacement class.
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.\7\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \8\ requirements that the rules of

[[Page 61616]]

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 
facilitation 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) \9\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers. In particular, the proposed 
rule change allows for an extension of the Pilot Program for the 
benefit of market participants.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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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.
    Specifically, the Exchange believes that, by extending the 
expiration of the Pilot Program, the proposed rule change will allow 
for further analysis of the Pilot Program and a determination of how 
the Program should be structured in the future. In doing so, the 
proposed rule change will also serve to promote regulatory clarity and 
consistency, thereby reducing burdens on the marketplace and 
facilitating investor protection. In addition, the Exchange has been 
authorized to act jointly in extending the Pilot Program and believes 
the other exchanges will be filing similar extensions.

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.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of the filing.\13\ 
However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because doing so will 
allow the Pilot Program to continue without interruption in a manner 
that is consistent with the Commission's prior approval of the 
extension and expansion of the Pilot Program and will allow the 
Exchange and the Commission additional time to analyze the impact of 
the Pilot Program.\15\ Accordingly, the Commission designates the 
proposed rule change as operative upon filing with the Commission.\16\
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    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change along with a 
brief description and the 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 pre-filing requirement.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See Securities Exchange Act Release No. 61061 (November 24, 
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See 
also supra note 5.
    \16\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \17\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-2017-078 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-2017-078. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CBOE-2017-078 and

[[Page 61617]]

should be submitted on or before January 18, 2018.

    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. 2017-27995 Filed 12-27-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                                  61615

                                                  For the Commission, by the Division of                   minimum increments, the Exchange                      A. Self-Regulatory Organization’s
                                                Trading and Markets, pursuant to delegated                 will designate such change as a stated                Statement of the Purpose of, and the
                                                authority.13                                               policy, practice, or interpretation with              Statutory Basis for, the Proposed Rule
                                                Eduardo A. Aleman,                                         respect to the administration of Rule                 Change
                                                Assistant Secretary.                                       6.42 within the meaning of
                                                                                                                                                                 1. Purpose
                                                [FR Doc. 2017–27994 Filed 12–27–17; 8:45 am]               subparagraph (3)(A) of subsection 19(b)
                                                BILLING CODE 8011–01–P                                     of the Exchange Act and will file a rule                The Penny Pilot Program (the ‘‘Pilot
                                                                                                           change for effectiveness upon filing                  Program’’) is scheduled to expire on
                                                                                                           with the Commission. Until such time                  December 31, 2017. The Exchange
                                                SECURITIES AND EXCHANGE                                    as the Board of Directors makes a                     proposes to extend the Pilot Program
                                                COMMISSION                                                 change to the minimum increments, the                 until June 30, 2017. The Exchange
                                                [Release No. 34–82375; File No. SR–CBOE–                   following minimum increments shall                    believes that extending the Pilot
                                                2017–078]                                                  apply to options traded on the                        Program will allow for further analysis
                                                                                                           Exchange:                                             of the Pilot Program and a
                                                Self-Regulatory Organizations; Cboe                           (1) No change.                                     determination of how the Pilot Program
                                                Exchange, Inc.; Notice of Filing and                                                                             should be structured in the future.
                                                                                                              (2) No change.
                                                Immediate Effectiveness of a Proposed                                                                              During this extension of the Pilot
                                                Rule Change to Rule 6.42, Minimum                             (3) The decimal increments for bids                Program, the Exchange proposes that it
                                                Increments for Bids and Offers, To                         and offers for all series of the option               may replace any option class that is
                                                Extend the Penny Pilot Program                             classes participating in the Penny Pilot              currently included in the Pilot Program
                                                                                                           Program are: $0.01 for all option series              and that has been delisted with the next
                                                December 21, 2017.                                         quoted below $3 (including LEAPS),                    most actively traded, multiply listed
                                                   Pursuant to Section 19(b)(1) of the                     and $0.05 for all option series $3 and                option class that is not yet participating
                                                Securities Exchange Act of 1934 (the                       above (including LEAPS). For QQQQs,                   in the Pilot Program (‘‘replacement
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     IWM, and SPY, the minimum increment                   class’’). Any replacement class would be
                                                notice is hereby given that on December                    is $0.01 for all option series. The                   determined based on national average
                                                14, 2017, Cboe Exchange, Inc. (the                         Exchange may replace any option class                 daily volume in the preceding six
                                                ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                    participating in the Penny Pilot Program              months,5 and would be added on the
                                                with the Securities and Exchange                           that has been delisted with the next                  second trading day following January 1,
                                                Commission (‘‘Commission’’) the                            most actively-traded, multiply-listed                 2018. The Exchange will employ the
                                                proposed rule change as described in                       option class, based on national average               same parameters to prospective
                                                Items I and II below, which Items have                     daily volume in the preceding six                     replacement classes as approved and
                                                been prepared by the Exchange. The                         calendar months, that is not yet                      applicable in determining the existing
                                                Exchange has designated this proposal                      included in the Pilot Program. Any                    classes in the Pilot Program, including
                                                as a ‘‘non-controversial’’ proposed rule                   replacement class would be added on                   excluding high-priced underlying
                                                change pursuant to Section 19(b)(3)(A)                     the second trading day following [July 1,             securities.6 The Exchange will
                                                of the Act 3 and Rule 19b–4(f)(6)(iii)                     2017]January 1, 2018. The Penny Pilot                 announce to its Trading Permit Holders
                                                thereunder,4 which renders it effective                    shall expire on [December 31, 2017]June               by circular any replacement classes in
                                                upon filing with the Commission. The                       30, 2018.                                             the Pilot Program.
                                                Commission is publishing this notice to
                                                                                                              (4) No change.                                       The Exchange is specifically
                                                solicit comments on the proposed rule
                                                change from interested persons.                               . . . Interpretations and Policies:                authorized to act jointly with the other
                                                                                                              .01–.04 No change.                                 options exchanges participating in the
                                                I. Self-Regulatory Organization’s                                                                                Pilot Program in identifying any
                                                Statement of the Terms of Substance of                     *      *     *     *     *                            replacement class.
                                                the Proposed Rule Change                                      The text of the proposed rule change
                                                                                                           is also available on the Exchange’s                   2. Statutory Basis
                                                   The Exchange proposes to amend
                                                Rule 6.42 by extending the Penny Pilot                     website (http://www.cboe.com/                            The Exchange believes the proposed
                                                Program through June 30, 2018.                             AboutCBOE/CBOELegalRegulatory                         rule change is consistent with the
                                                   (additions are underlined; deletions                    Home.aspx), at the Exchange’s Office of               Securities Exchange Act of 1934 (the
                                                are [bracketed])                                           the Secretary, and at the Commission’s                ‘‘Act’’) and the rules and regulations
                                                                                                           Public Reference Room.                                thereunder applicable to the Exchange
                                                *     *     *     *    *
                                                                                                           II. Self-Regulatory Organization’s                    and, in particular, the requirements of
                                                Cboe Exchange, Inc.                                                                                              Section 6(b) of the Act.7 Specifically,
                                                                                                           Statement of the Purpose of, and
                                                Rules                                                      Statutory Basis for, the Proposed Rule                the Exchange believes the proposed rule
                                                                                                           Change                                                change is consistent with the Section
                                                *           *   *       *      *                                                                                 6(b)(5) 8 requirements that the rules of
                                                Rule 6.42. Minimum Increments for                            In its filing with the Commission, the
                                                Bids and Offers                                            Exchange included statements                             5 The month immediately preceding a

                                                                                                           concerning the purpose of and basis for               replacement class’s addition to the Pilot Program
                                                  The Board of Directors may establish                                                                           (i.e., December) would not be used for purposes of
                                                                                                           the proposed rule change and discussed
                                                minimum increments for options traded                                                                            the six-month analysis. Thus, a replacement class
                                                                                                           any comments it received on the
sradovich on DSK3GMQ082PROD with NOTICES




                                                on the Exchange. When the Board of                                                                               to be added on the second trading day following
                                                                                                           proposed rule change. The text of these               January 1, 2018, would be identified based on The
                                                Directors determines to change the
                                                                                                           statements may be examined at the                     Option Clearing Corporation’s trading volume data
                                                                                                           places specified in Item IV below. The                from June 1, 2017 through November 30, 2017.
                                                    13 17 CFR 200.30–3(a)(12).                                                                                      6 See Securities Exchange Act Release No. 60864
                                                    1 15 U.S.C. 78s(b)(1).                                 Exchange has prepared summaries, set                  (October 22, 2009), 74 FR 55876 (October 29, 2009)
                                                    2 17 CFR 240.19b–4.                                    forth in sections A, B, and C below, of               (SR–CBOE–2009–76).
                                                    3 15 U.S.C. 78s(b)(3)(A).                              the most significant aspects of such                     7 15 U.S.C. 78f(b).
                                                    4 17 CFR 240.19b–4(f)(6)(iii).                         statements.                                              8 15 U.S.C. 78f(b)(5).




                                           VerDate Sep<11>2014      18:14 Dec 27, 2017   Jkt 244001   PO 00000   Frm 00083   Fmt 4703   Sfmt 4703   E:\FR\FM\28DEN1.SGM   28DEN1


                                                61616                         Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices

                                                an exchange be designed to prevent                         investors or the public interest; (ii)                  under Section 19(b)(2)(B) 17 of the Act to
                                                fraudulent and manipulative acts and                       impose any significant burden on                        determine whether the proposed rule
                                                practices, to promote just and equitable                   competition; and (iii) become operative                 change should be approved or
                                                principles of trade, to foster cooperation                 prior to 30 days from the date on which                 disapproved.
                                                and coordination with persons engaged                      it was filed, or such shorter time as the
                                                                                                                                                                   IV. Solicitation of Comments
                                                in regulating, clearing, settling,                         Commission may designate if consistent
                                                processing information with respect to,                    with the protection of investors and the                  Interested persons are invited to
                                                and facilitation transactions in                           public interest, the proposed rule                      submit written data, views, and
                                                securities, to remove impediments to                       change has become effective pursuant to                 arguments concerning the foregoing,
                                                and perfect the mechanism of a free and                    Section 19(b)(3)(A) of the Act 12 and                   including whether the proposed rule
                                                open market and a national market                          Rule 19b–4(f)(6)(iii) thereunder.                       change is consistent with the Act.
                                                system, and, in general, to protect                           A proposed rule change filed under                   Comments may be submitted by any of
                                                investors and the public interest.                         Rule 19b–4(f)(6) normally does not                      the following methods:
                                                Additionally, the Exchange believes the                    become operative prior to 30 days after                 Electronic Comments
                                                proposed rule change is consistent with                    the date of the filing.13 However,
                                                the Section 6(b)(5) 9 requirement that                     pursuant to Rule 19b–4(f)(6)(iii),14 the                  • Use the Commission’s internet
                                                the rules of an exchange not be designed                   Commission may designate a shorter                      comment form (http://www.sec.gov/
                                                to permit unfair discrimination between                    time if such action is consistent with the              rules/sro.shtml); or
                                                customers, issuers, brokers, or dealers.                   protection of investors and the public                    • Send an email to rule-comments@
                                                In particular, the proposed rule change                    interest. The Exchange has asked the                    sec.gov. Please include File Number SR–
                                                allows for an extension of the Pilot                       Commission to waive the 30-day                          CBOE–2017–078 on the subject line.
                                                Program for the benefit of market                          operative delay so that the proposal may                Paper Comments
                                                participants.                                              become operative immediately upon
                                                                                                           filing. The Commission believes that                       • Send paper comments in triplicate
                                                B. Self-Regulatory Organization’s                                                                                  to Secretary, Securities and Exchange
                                                Statement on Burden on Competition                         waiving the 30-day operative delay is
                                                                                                           consistent with the protection of                       Commission, 100 F Street NE,
                                                   The Exchange does not believe that                      investors and the public interest                       Washington, DC 20549–1090.
                                                the proposed rule change will impose                       because doing so will allow the Pilot                   All submissions should refer to File
                                                any burden on competition that is not                      Program to continue without                             Number SR–CBOE–2017–078. This file
                                                necessary or appropriate in furtherance                    interruption in a manner that is                        number should be included on the
                                                of the purposes of the Act.                                consistent with the Commission’s prior                  subject line if email is used. To help the
                                                   Specifically, the Exchange believes                                                                             Commission process and review your
                                                                                                           approval of the extension and expansion
                                                that, by extending the expiration of the                                                                           comments more efficiently, please use
                                                                                                           of the Pilot Program and will allow the
                                                Pilot Program, the proposed rule change                                                                            only one method. The Commission will
                                                                                                           Exchange and the Commission
                                                will allow for further analysis of the                                                                             post all comments on the Commission’s
                                                                                                           additional time to analyze the impact of
                                                Pilot Program and a determination of                                                                               internet website (http://www.sec.gov/
                                                                                                           the Pilot Program.15 Accordingly, the
                                                how the Program should be structured                                                                               rules/sro.shtml). Copies of the
                                                                                                           Commission designates the proposed
                                                in the future. In doing so, the proposed                                                                           submission, all subsequent
                                                                                                           rule change as operative upon filing
                                                rule change will also serve to promote                                                                             amendments, all written statements
                                                                                                           with the Commission.16
                                                regulatory clarity and consistency,                                                                                with respect to the proposed rule
                                                thereby reducing burdens on the                               At any time within 60 days of the
                                                                                                           filing of the proposed rule change, the                 change that are filed with the
                                                marketplace and facilitating investor                                                                              Commission, and all written
                                                protection. In addition, the Exchange                      Commission summarily may
                                                                                                           temporarily suspend such rule change if                 communications relating to the
                                                has been authorized to act jointly in                                                                              proposed rule change between the
                                                extending the Pilot Program and                            it appears to the Commission that such
                                                                                                           action is necessary or appropriate in the               Commission and any person, other than
                                                believes the other exchanges will be                                                                               those that may be withheld from the
                                                filing similar extensions.                                 public interest, for the protection of
                                                                                                           investors, or otherwise in furtherance of               public in accordance with the
                                                C. Self-Regulatory Organization’s                          the purposes of the Act. If the                         provisions of 5 U.S.C. 552, will be
                                                Statement on Comments on the                               Commission takes such action, the                       available for website viewing and
                                                Proposed Rule Change Received From                         Commission shall institute proceedings                  printing in the Commission’s Public
                                                Members, Participants or Others                                                                                    Reference Room, 100 F Street NE,
                                                                                                                                                                   Washington, DC 20549, on official
                                                  The Exchange neither solicited nor                         12 15  U.S.C. 78s(b)(3)(A).
                                                                                                                                                                   business days between the hours of
                                                received comments on the proposed                            13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                           4(f)(6)(iii) requires the Exchange to give the          10:00 a.m. and 3:00 p.m. Copies of the
                                                rule change.
                                                                                                           Commission written notice of the Exchange’s intent      filing also will be available for
                                                III. Date of Effectiveness of the                          to file the proposed rule change along with a brief     inspection and copying at the principal
                                                                                                           description and the text of the proposed rule
                                                Proposed Rule Change and Timing for                        change, at least five business days prior to the date
                                                                                                                                                                   office of the Exchange. All comments
                                                Commission Action                                          of filing of the proposed rule change, or such          received will be posted without change.
                                                   The Exchange has filed the proposed                     shorter time as designated by the Commission. The       Persons submitting comments are
                                                                                                           Exchange has satisfied this pre-filing requirement.     cautioned that we do not redact or edit
                                                rule change pursuant to Section                               14 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                   personal identifying information from
sradovich on DSK3GMQ082PROD with NOTICES




                                                19(b)(3)(A)(iii) of the Act 10 and Rule                       15 See Securities Exchange Act Release No. 61061

                                                19b–4(f)(6) thereunder.11 Because the                      (November 24, 2009), 74 FR 62857 (December 1,
                                                                                                                                                                   comment submissions. You should
                                                proposed rule change does not: (i)                         2009) (SR–NYSEArca–2009–44). See also supra             submit only information that you wish
                                                Significantly affect the protection of                     note 5.                                                 to make available publicly. All
                                                                                                              16 For purposes only of waiving the operative
                                                                                                                                                                   submissions should refer to File
                                                                                                           delay for this proposal, the Commission has             Number SR–CBOE–2017–078 and
                                                  9 Id.
                                                                                                           considered the proposed rule’s impact on
                                                  10 15   U.S.C. 78s(b)(3)(A)(iii).                        efficiency, competition, and capital formation. See
                                                  11 17   CFR 240.19b–4(f)(6).                             15 U.S.C. 78c(f).                                        17 15   U.S.C. 78s(b)(2)(B).



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                                                                          Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Notices                                                    61617

                                                should be submitted on or before                        rule changes, as amended in each                       II. Description of the Proposed Rule
                                                January 18, 2018.                                       instance by Amendment No. 1.4                          Changes as Previously Modified by
                                                  For the Commission, by the Division of                   On July 20, 2017, the Clearing                      Amendment Nos. 1 and 3, and Notice
                                                Trading and Markets, pursuant to delegated              Agencies each filed Amendment No. 2                    of Filing Amendment No. 6
                                                authority.18                                            to their respective proposed rule                      A. Proposed Rule Changes as Previously
                                                Eduardo A. Aleman,                                      changes, as previously modified by                     Modified by Amendment Nos. 1 and 3
                                                Assistant Secretary.                                    Amendment No. 1. On July 21, 2017, the                    The Clearing Agencies propose to
                                                [FR Doc. 2017–27995 Filed 12–27–17; 8:45 am]            Clearing Agencies each filed                           adopt the Clearing Agency Liquidity
                                                BILLING CODE 8011–01–P                                  Amendment No. 3 to their respective                    Risk Management Framework
                                                                                                        proposed rule changes to supersede and                 (‘‘Framework’’) of the Clearing
                                                                                                        replace Amendment No. 2 in its                         Agencies. The Framework would
                                                SECURITIES AND EXCHANGE                                 entirety, due to a technical defect of                 outline the regulatory requirements that
                                                COMMISSION                                              Amendment No. 2. The proposed rule                     would be applicable to each Clearing
                                                                                                        changes, as modified in each instance                  Agency with respect to liquidity risk
                                                [Release No. 34–82377; File Nos. SR–DTC–                by Amendment No. 3, were published                     management, and would be owned and
                                                2017–004; SR–NSCC–2017–005; SR–FICC–                                                                           managed by the Liquidity Product Risk
                                                                                                        for comment in the Federal Register on
                                                2017–008]                                                                                                      Unit (‘‘LPRU’’) of DTCC.8
                                                                                                        July 28, 2017, and the Commission
                                                                                                        instituted proceedings under Section                      The Framework would, generally, set
                                                Self-Regulatory Organizations; The                                                                             forth the Clearing Agencies’ liquidity
                                                Depository Trust Company; National                      19(b)(2)(B) of the Act 5 to determine
                                                                                                                                                               resources and liquidity risk
                                                Securities Clearing Corporation; Fixed                  whether to approve or disapprove the
                                                                                                                                                               management practices, to include
                                                Income Clearing Corporation; Notice of                  proposed rule changes.6 On October 16,
                                                                                                                                                               measurement and monitoring of their
                                                Filing of Amendment No. 4, Notice of                    2017, the Commission designated a                      respective liquidity risks.9 More
                                                Filing Amendment No. 5, Notice of                       longer period on the proceedings to                    specifically, the Framework would
                                                Filing Amendment No. 6, and Order                       determine whether to approve or                        describe FICC and NSCC’s liquidity risk
                                                Granting Accelerated Approval of                        disapprove the proposed rule changes,                  management strategy and objectives,
                                                Proposed Rule Changes, as Modified                      as modified by Amendment Nos. 1 and                    which are to maintain sufficient liquid
                                                by Amendment Nos. 1, 3 and 6, To                        3.7 The Commission did not receive any                 resources to meet the potential amount
                                                Adopt the Clearing Agency Liquidity                     comment letters on the proposed rule                   of funding required to settle outstanding
                                                Risk Management Framework                               changes, as modified by Amendment                      transactions of a defaulting Member, or
                                                December 21, 2017.                                      Nos. 1 and 3.                                          affiliated family (‘‘Affiliated Family’’) of
                                                                                                           On December 15, 2017, the Clearing                  Members, in a timely manner.10 For
                                                I. Introduction                                                                                                DTC, the Framework would describe
                                                                                                        Agencies each filed Amendment No. 4
                                                   On April 6, 2017, The Depository                     to their respective proposed rule                      how DTC’s liquidity management
                                                Trust Company (‘‘DTC’’), National                                                                              strategy and controls are designed to
                                                                                                        changes, as discussed below. On the
                                                Securities Clearing Corporation                                                                                maintain sufficient available liquid
                                                                                                        same day, the Clearing Agencies each
                                                (‘‘NSCC’’), and Fixed Income Clearing                                                                          resources to complete system-wide
                                                                                                        filed Amendment No. 5 to their                         settlement on each business day with a
                                                Corporation (‘‘FICC,’’ each a ‘‘Clearing                respective proposed rule changes to                    high degree of confidence,
                                                Agency,’’ and collectively, the ‘‘Clearing              supersede and replace Amendment No.                    notwithstanding the failure to settle of
                                                Agencies’’), filed with the Securities and              4 in its entirety, due to technical errors             a Participant or Affiliated Family of
                                                Exchange Commission (‘‘Commission’’)                    of Amendment No. 4. On December 18,                    Participants.11 The Framework would
                                                proposed rule changes SR–DTC–2017–                      2017, Clearing Agencies each filed                     also state that DTC operates on a fully
                                                004, SR–NSCC–2017–005, and SR–                          Amendment No. 6 to their respective                    collateralized basis.12
                                                FICC–2017–008, respectively, pursuant                   proposed rule changes to supersede and                    Although the Clearing Agencies
                                                to Section 19(b)(1) of the Securities                   replace Amendment No. 5 in its                         would consider the Framework to be a
                                                Exchange Act of 1934 (‘‘Act’’) 1 and Rule                                                                      rule of each Clearing Agency, the
                                                                                                        entirety. The Commission is publishing
                                                19b–4 thereunder.2                                                                                             proposed changes do not require any
                                                                                                        this notice to solicit comments on
                                                   On April 13, 2017, the Clearing                      Amendment No. 6 from interested                        changes to the Rules, By-laws and
                                                Agencies each filed Amendment No. 1                     persons and is approving on an                         Organization Certificate of DTC (‘‘DTC
                                                to their respective proposed rule                                                                              Rules’’), the FICC Government
                                                                                                        accelerated basis the proposed rule
                                                changes. Amendment No. 1 made                                                                                  Securities Division (‘‘GSD’’) Rulebook
                                                                                                        changes, as modified by Amendment
                                                technical corrections to each Exhibit 5                                                                        (‘‘GSD Rules’’), the FICC Mortgage-
                                                of the proposed rule change filings. The                Nos. 1, 3, and 6 (hereinafter, ‘‘Amended
                                                proposed rule changes, as modified in                   Proposed Rule Changes’’).                                 8 The parent company of the Clearing Agencies is

                                                each instance by Amendment No. 1,                                                                              The Depository Trust & Clearing Corporation
                                                were published for comment in the                                                                              (‘‘DTCC’’). DTCC operates on a shared services
                                                                                                           4 Securities Exchange Act Release No. 80877
                                                                                                                                                               model with respect to the Clearing Agencies. Most
                                                Federal Register on April 25, 2017.3 On                 (June 7, 2017), 82 FR 27094 (June 13, 2017) (SR–       corporate functions are established and managed on
                                                June 7, 2017, the Commission                            DTC–2017–004, SR–NSCC–2017–005, SR–FICC–               an enterprise-wide basis pursuant to intercompany
                                                designated a longer period for                          2017–008).                                             agreements under which it is generally DTCC that
                                                                                                                                                               provides a relevant service to a Clearing Agency.
                                                Commission Action on the proposed                          5 15 U.S.C. 78s(b)(2)(B).
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           6 Securities Exchange Act Release No. 81194 (July
                                                                                                                                                               Notice, 82 FR at 19121.
                                                                                                                                                                  9 Id.
                                                  18 17 CFR 200.30–3(a)(12).                            24, 2017), 82 FR 35241 (July 28, 2017) (SR–DTC–           10 FICC and NSCC refer to their participants as
                                                  1 15 U.S.C. 78s(b)(1).                                2017–004, SR–NSCC–2017–005, SR–FICC–2017–              ‘‘Members,’’ while DTC refers to its participants as
                                                  2 17 CFR 240.19b–4.                                   008) (‘‘Order Instituting Proceedings’’).              ‘‘Participants.’’ These terms are defined in the
                                                                                                           7 Securities Exchange Act Release No. 81885         respective rules of each of the Clearing Agencies.
                                                  3 Securities Exchange Act Release No. 80489

                                                (April 19, 2017), 82 FR 19120 (April 25, 2017) (SR–     (October 20, 2017), 82 FR 48857 (October 20, 2017)     Notice, 82 FR at 19121.
                                                                                                        (SR–DTC–2017–004, SR–NSCC–2017–005, SR–                   11 Id.
                                                DTC–2017–004, SR–NSCC–2017–005, SR–FICC–
                                                2017–008) (‘‘Notice’’).                                 FICC–2017–008).                                           12 Id.




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Document Created: 2017-12-28 00:43:58
Document Modified: 2017-12-28 00:43:58
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 61615 

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