83_FR_14751 83 FR 14685 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Amending Rules Regarding Market-Maker Quoting Obligations

83 FR 14685 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Amending Rules Regarding Market-Maker Quoting Obligations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 66 (April 5, 2018)

Page Range14685-14689
FR Document2018-06915

Federal Register, Volume 83 Issue 66 (Thursday, April 5, 2018)
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Notices]
[Pages 14685-14689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06915]



[[Page 14685]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82974; File No. SR-CBOE-2018-021]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Amending 
Rules Regarding Market-Maker Quoting Obligations

March 30, 2018.
    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 March 27, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The 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.
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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 rules regarding Market-Maker quoting 
obligations. (additions are italicized; deletions are [bracketed])
* * * * *

Cboe Exchange, Inc.

Rules

* * * * *

Rule 1.1. Definitions

    (a)-(bbb) (No change).

Continuous Electronic Quotes

    (ccc) With respect to a Market-Maker who is obligated to provide 
continuous electronic quotes on the Hybrid Trading System (``Hybrid 
Market-Maker''), the Hybrid Market-Maker shall be deemed to have 
provided ``continuous electronic quotes'' if the Hybrid Market-Maker 
provides electronic two-sided quotes for 90% of the time that the 
Hybrid Market-Maker is required to provide electronic quotes in an 
appointed option class on a given trading day during the applicable 
trading session. Compliance with this quoting obligation applies to 
all of a Hybrid Market-Maker's appointed classes collectively (with 
respect to each Market-Maker type as the Hybrid Market-Maker is 
approved to act). The Exchange will determine compliance by a Hybrid 
Market-Maker with this quoting obligation on a monthly basis. 
However, determining compliance with this obligation on a monthly 
basis does not relieve a Hybrid Market-Maker from meeting this 
obligation on a daily basis, nor does it prohibit the Exchange from 
taking disciplinary action against a Hybrid Market-Maker for failing 
to meet this obligation each trading day. Hybrid Market-Maker 
continuous electronic quoting obligations may be satisfied by 
Market-Makers either individually or collectively with Market-Makers 
of the same TPH organization.
    If a technical failure or limitation of a system of the Exchange 
prevents the Hybrid Market-Maker from maintaining, or prevents the 
Hybrid Market-Maker from communicating to the Exchange, timely and 
accurate electronic quotes in a class, the duration of such failure 
shall not be considered in determining whether the Hybrid Market-
Maker has satisfied the 90% quoting standard with respect to that 
option class. The Exchange may consider other exceptions to this 
continuous electronic quote obligation based on demonstrated legal 
or regulatory requirements or other mitigating circumstances.
    (ddd)-(cccc) (No change).

. . . Interpretations and Policies:
.01-.06 (No change).
* * * * *

Rule 8.7. Obligations of Market-Makers

    (a)-(c) (No change).
    (d) Market-Making Obligations in Applicable Hybrid Classes
    The following obligations in this paragraph (d) are only 
applicable to Market-Makers trading classes on the Cboe Options 
Hybrid System and only in those Hybrid classes. Unless otherwise 
provided in this Rule, Market-Makers trading classes on the Hybrid 
System remain subject to all obligations imposed by Cboe Options 
Rule 8.7. To the extent another obligation contained elsewhere in 
Rule 8.7 is inconsistent with an obligation contained in paragraph 
(d) of Rule 8.7 with respect to a class trading on Hybrid, this 
paragraph (d) shall govern trading in the Hybrid class.
    For Regular Trading Hours, these requirements are applicable on 
a per class basis, except as set forth in paragraph (ii)(B) below, 
depending upon the percentage of volume a Market-Maker transacts in 
an appointed class during Regular Trading Hours electronically 
versus in open outcry. With respect to making this determination, 
the Exchange will monitor a Market-Maker's trading activity in each 
appointed class during Regular Trading Hours every calendar quarter 
to determine whether it exceeds the threshold established in 
paragraph (d)(i). If a Market-Maker exceeds the threshold 
established below, the obligations contained in (d)(ii) will be 
effective the next calendar quarter.
    For a period of ninety (90) days commencing immediately after a 
class begins trading on the Hybrid system, the provisions of 
paragraph (d)(i) shall govern trading in that class.
    (i) (No change).
    (ii) Market-Maker Trades More Than 20% Contract Volume in an 
Appointed Class Electronically:
    If a Market-Maker on the Cboe Options Hybrid System transacts 
more than 20% of the Market-Maker's contract volume electronically 
in an appointed Hybrid class during Regular Trading Hours during any 
calendar quarter, commencing the next calendar quarter the Market-
Maker will be subject to the following quoting obligations in that 
class for as long as the Market-Maker maintains an appointment in 
that class:
    (A) (No change).
    (B) Continuous Electronic Quoting Obligation: A Market-Maker 
will be required to maintain continuous electronic quotes (as 
defined in Rule 1.1(ccc)) in 60% of the non-adjusted option series 
of the Market-Maker's appointed classes that have a time to 
expiration of less than nine months. Compliance with this quoting 
obligation applies to all of a Market-Maker's appointed classes 
collectively (for which it must maintain continuous electronic 
quotes pursuant to this paragraph (ii)(B)). The Exchange will 
determine compliance by a Market-Maker with this quoting obligation 
on a monthly basis. However, determining compliance with this 
quoting obligation on a monthly basis does not relieve a Market-
Maker from meeting this obligation on a daily basis, nor does it 
prohibit the Exchange from taking disciplinary action against a 
Market-Maker for failing to meet this obligation each trading day. 
The initial size of a Market-Maker's quote must be for the minimum 
number of contracts determined by the Exchange on a class by class 
basis, which minimum shall be at least one contract. This obligation 
does not apply to intra-day add-on series on the day during which 
such series are added for trading. Market-Maker continuous 
electronic quoting obligations may be satisfied by Market-Makers 
either individually or collectively with Market-Makers of the same 
TPH organization.
    (C) (No change).
    (iii)-(iv) (No change).

. . . Interpretations and Policies:
.01-.12 (No change).
* * * * *

Rule 8.13. Preferred Market-Maker Program

    (a)-(c) (No change).
    (d) Quoting Obligations: The Preferred Market-Maker must comply 
with the quoting obligations applicable to its Market-Maker type 
under Exchange rules and must provide continuous electronic quotes 
(as defined in Rule 1.1(ccc)) in at least the lesser of 99% of the 
non-adjusted option series that have a time to expiration of less 
than nine months or 100% of the non-adjusted option series that have 
a time to expiration of less than nine months minus one call-put 
pair, with the term ``call-put pair'' referring to one call and one 
put that cover the same underlying instrument and have the same 
expiration date and exercise price. This obligation does not apply 
to intra-day add-on series on the day during which such series are 
added for trading. Compliance with this quoting obligation applies 
to all of a Preferred Market-Maker's classes for which it receives 
Preferred Market-Maker orders collectively. The Exchange will 
determine compliance by a Preferred Market-Maker with this quoting 
obligation on a monthly basis. However, determining compliance with 
this obligation on a monthly basis does not relieve a Preferred 
Market-Maker from meeting this quoting obligation on a daily basis, 
nor does it prohibit the Exchange from taking

[[Page 14686]]

disciplinary action against a Preferred Market-Maker for failing to 
meet this obligation each trading day. Preferred Market-Maker 
continuous electronic quoting obligations may be satisfied by 
Preferred Market-Makers either individually or collectively with 
Preferred Market-Makers of the same TPH organization.

. . . Interpretations and Policies:
.01-.03 (No change).
* * * * *

Rule 8.15. Lead Market-Makers

    (a) (No change).
    (b) LMM Obligations: Each LMM must fulfill all the obligations 
of a Market-Maker under the Rules and satisfy each of the following 
requirements:
    (i) provide continuous electronic quotes (as defined in Rule 1.1 
(ccc)) in at least the lesser of 99% of the non-adjusted option 
series or 100% of the non-adjusted option series minus one call-put 
pair, with the term ``call-put pair'' referring to one call and one 
put that cover the same underlying instrument and have the same 
expiration date and exercise price. This obligation does not apply 
to intra-day add-on series on the day during which such series are 
added for trading. Compliance with this quoting obligation applies 
to all of an LMM's appointed classes on each platform collectively. 
The Exchange will determine compliance by an LMM with this quoting 
obligation on a monthly basis. However, determining compliance with 
this obligation on a monthly basis does not relieve an LMM from 
meeting this obligation on a daily basis, nor does it prohibit the 
Exchange from taking disciplinary action against an LMM for failing 
to meet this obligation each trading day. In option classes in which 
both an On-Floor LMM and an Off-Floor DPM or Off-Floor LMM have been 
appointed, the On-Floor LMM will not be obligated to comply with 
this paragraph (b)(i) and instead will be obligated to comply with 
the obligations of Market-Makers in Rule 8.7(d). [. ]In an option 
class in which the Exchange appointed an On-Floor LMM that has open-
outcry obligations only, that On-Floor LMM will not be obligated to 
comply with this paragraph (b)(i) and instead will be obligated to 
comply with the obligations of Market-Makers in Rule 8.7(d) and have 
a designee in the class's crowd on the trading floor for the entire 
trading day (except for a de minimis amount of time). Lead Market-
Maker continuous electronic quoting obligations may be satisfied by 
Lead Market-Makers either individually or collectively with Lead 
Market-Makers of the same TPH organization;
    (ii)-(viii) (No change).
    (c)-(d) (No change).

. . . Interpretations and Policies:
.01-.04 (No change).
* * * * *

Rule 8.85. DPM Obligations

    (a) Dealer Transactions. Each DPM must fulfill all of the 
obligations of a Market-Maker under the Rules, and must satisfy each 
of the following requirements in respect of each of the securities 
allocated to the DPM. To the extent that there is any inconsistency 
between the specific obligations of a DPM set forth in subparagraphs 
(a)(i) through (a)(xi) of this Rule and the general obligations of a 
Market-Maker under the Rules, subparagraphs (a)(i) through (a)(xi) 
of this Rule will govern. Each DPM must:
    (i) provide continuous electronic quotes (as defined in Rule 
1.1(ccc)) in at least the lesser of 99% of the non-adjusted option 
series or 100% of the non-adjusted option series minus one call-put 
pair, with the term ``call-put pair'' referring to one call and one 
put that cover the same underlying instrument and have the same 
expiration date and exercise price, and assure that its disseminated 
market quotations are accurate. This obligation does not apply to 
intra-day add-on series on the day during which such series are 
added for trading. Compliance with this quoting obligation applies 
to all of a DPM's allocated classes collectively. The Exchange will 
determine compliance by a DPM with this quoting obligation on a 
monthly basis. However, determining compliance with this obligation 
on a monthly basis does not relieve a DPM from meeting this 
obligation on a daily basis, nor does it prohibit the Exchange from 
taking disciplinary action against DPM for failing to meet this 
obligation each trading day. DPM continuous electronic quoting 
obligations may be satisfied by DPM either individually or 
collectively with DPM Market-Makers of the same TPH organization;
    (ii)-(x) (No change).
    (b)-(e) (No change).

. . .Interpretations and Policies:
.01-.02 (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, and B 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
    Cboe Options Rules 8.7(d)(ii)(B), 8.13(d), 8.15(b)(i), and 
8.85(a)(i) set forth continuous electronic quoting obligations of 
Market-Makers, Preferred Market-Makers (``PMMs''), Lead Market-Makers 
(``LMMs''), and Designated Primary Market-Makers (``DPMs''), 
respectively. Additionally, Rule 1.1(ccc) defines continuous electronic 
quotes as that term is used in those rules. Rule 8.1 defines a Market-
Maker as an individual Trading Permit Holder or a TPH organization that 
is registered with the Exchange for the purpose of making transactions 
as a dealer-specialist on the Exchange in accordance with the 
provisions of Chapter VIII of the Rules. PMMs, LMMs, and DPMs are types 
of Market-Makers.
    Historically, Cboe Options has interpreted the term ``Market-
Maker'' with respect to continuous quoting obligations to apply on an 
individual basis. This interpretation is consistent with the previous 
definition of Market-Maker--Cboe Options Rule 8.1 previously defined a 
Market-Maker as an individual member or nominee of a member 
organization.\3\
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    \3\ See Securities Exchange Act Release No. 57615 (April 3, 
2008), 73 FR 19537 (April 10, 2008) (SR-CBOE-2008-120) (order 
approving proposed rule change relating to Market-Makers and Remote 
Market-Makers, which rule change amended the definition of Market-
Maker in Rule 8.1 to include member (which are now known as Trading 
Permit Holders) organizations).
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    After the Exchange amended its rules to state a Market-Maker may 
also be a TPH organization, it continued its interpretation of the term 
``Market-Maker'' as referring to an individual Market-Maker with 
respect to continuous quoting obligations. This is implied by Rule 8.7, 
Interpretation and Policy .03(B)(i), which states the in-person 
requirements for Market-Makers in Hybrid 3.0 classes set forth in 
paragraph (B) may be satisfied by Market-Makers individually or 
collectively with the Market-Makers of the same TPH organization. In 
the filing in which the Exchange proposed to adopt that provision, the 
Exchange indicated it was proposing that provision in response to the 
Exchange's expansion of the definition of Market-Maker to include TPH 
organizations.\4\ This implies the Exchange previously interpreted 
Market-Maker consistent with the previous definition, which was an 
individual. Limiting that provision to the in-person requirements for 
Market-Makers in Hybrid 3.0 classes also indicates the Exchange's 
intention to only interpret Market-Maker as an individual or TPH 
organization for the purposes of those in-person obligations, but not 
change its interpretation of the term Market-Maker with respect to 
other

[[Page 14687]]

obligations. As a result, the Exchange has continued to interpret the 
term Market-Maker with respect to continuous quoting obligations to 
mean an individual, despite the change to the definition of Market-
Maker.
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    \4\ See Securities Exchange Act Release No. 57996 (June 20, 
2008), 73 FR 36937 (June 30, 2008) (SR-CBOE-2008-59) (proposed rule 
change to adopt Rule 8.7, Interpretation and Policy .03(B)(i)).
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    Cboe Options proposes to modify its interpretation of the term 
``Market-Maker'' with respect to Market-Maker continuous electronic 
quoting obligations and instead interpret the term Market-Maker in a 
manner consistent with its definition, which includes both individuals 
and TPH organizations. Specifically, the proposed rule change amends 
the above-referenced rules regarding continuous electronic quoting 
obligations to state Market-Maker (or PMM, LMM, or DPM, as applicable) 
continuous electronic quoting obligations may be satisfied by Market-
Makers either individually or collectively with Market-Makers of the 
same TPH organization. The Exchange believes it is reasonable to 
interpret the term Market-Maker with respect to continuous electronic 
quoting in this manner, as that is consistent with the current 
definition. The proposed interpretation is consistent with the current 
structure of TPH organizations registered as Market-Makers (as 
currently all individual Market-Makers are affiliated with a TPH 
organization, and thus TPH organizations are ultimately responsible for 
those Market-Makers) and will ensure a more consistent application of 
the definition of Market-Maker within the Cboe Rules.
    Additionally, the proposed interpretation provides Market-Makers 
with flexibility to quote in their appointed classes in a manner 
consistent with their business operations, particularly in classes with 
a large number of series. For example, the Exchange intends to convert 
trading of SPX options from the Hybrid 3.0 trading platform to the 
Hybrid trading system. There are currently over 7,000 series within the 
SPX option group trading on the Hybrid 3.0 platform, on which Market-
Makers may not stream electronic quotes. Upon conversion of SPX to 
Hybrid, Market-Makers will be able to select electronic appointments in 
this group and stream electronic quotes, subject to continuous 
electronic quoting obligations in Rule 8.7(d). Given the large number 
of SPX series, the Exchange understands a Market-Maker firm may decide 
to have individuals associated with the firm submit SPX quotes in 
different series using different acronyms. On an aggregate basis, the 
quotes submitted through those various acronyms would satisfy the 
firm's electronic quoting obligations. For example, a Market-Maker firm 
has acronyms ABC, DEF, and GHI registered for three individuals 
associated with that firm. The firm's plan is for these individuals to 
stream quotes in class XYZ as follows: ABC will quote in the near three 
month series (months one through three), DEF will quote in the middle 
three month series (months four through six), and GHI will quote in the 
far three month series (months seven through nine).\5\ Assume each 
acronym submits electronic quotes in 300 series for 90% of the trading 
day, which combines for 900 series out of 1,000 total series listed for 
trading in class XYZ (i.e., 90% of series) for the Market-Maker firm. 
On an aggregate basis, this satisfies the firm's obligation to quote in 
at least 60% of series for 90% of the trading day.
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    \5\ Rule 8.7(d)(ii) requires continuous electronic quotes in the 
series with expirations no further than nine months.
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    Modifying the interpretation of the term Market-Maker to apply on a 
firm basis with respect to continuous electronic quoting obligations is 
also consistent with rules of other exchanges. For example, under the 
rules of Cboe-affiliated options exchanges Cboe BZX Exchange, Inc. 
(``BZX Options'') and Cboe EDGX Exchange, Inc. (``EDGX Options''), a 
Market-Maker by definition may only be an entity,\6\ and thus the rules 
with respect to continuous electronic quoting obligations apply on a 
firm basis. Additionally, Cboe-affiliated options exchange Cboe C2 
Exchange, Inc. has historically only had trading firms registered as 
Market-Makers, and thus has interpreted the term Market-Maker to mean 
Trading Permit Holder organization.\7\ Cboe Options is modifying its 
interpretation of the term Market-Maker with respect to continuous 
electronic quoting obligations to mean TPH organization where 
applicable to provide greater harmonization between the rules of the 
Cboe-affiliated Exchanges and simplify the regulatory requirements of 
Market-Makers subject to Market-Maker continuous electronic quoting 
obligations across multiple Cboe-affiliated Exchanges. Additionally, as 
noted above, the Exchange's current in-person quoting requirements may 
be satisfied by Market-Makers individually or collectively with Market-
Makers of the same TPH organization.
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    \6\ See BZX and EDGX Rules 16.1(a)(38) (defining ``Options 
Member'' as a firm, or organization registered with the Exchange 
pursuant to Chapter XVII of EDGX rules, for purposes of 
participating in EDGX Options as an ``Options Order Entry Firm'' or 
``Options Market-Maker'') and (37) (defining ``Options Market 
Maker'' as an Options Member, which may only be a firm, registered 
with the Exchange for the purpose of making markets in options 
contracts traded on the Exchange and that is vested with the rights 
and responsibilities specified in Chapter XXII of the EDGX rules); 
see also BZX and EDGX Rules 22.2 (stating that Options Members 
(which may only be firms) may register as Market Makers) and 22.5 
(describing obligations of Market-Makers, which may only be firms by 
virtue of the definitions of Market-Maker and Options Member).
    \7\ Various Trading Permit Holders have also informed the 
Exchange that other options exchanges similarly interpret their 
continuous electronic quoting rules to apply on a firm basis rather 
than individual basis.
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    While the proposed rule change is a modification of a current 
interpretation to Exchange rules, the Exchange proposes to include the 
interpretation in the applicable rules to provide clarity to Market-
Makers regarding their obligations.
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.\8\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \9\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \10\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
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    In particular, the proposed interpretation is consistent with the 
current definition of Market-Maker, which provides a Market-Maker may 
be an individual or a TPH organization. The proposed interpretation is 
also consistent with the current structure of TPH organizations 
registered as Market-Makers (as all individual Market-Makers are 
currently associated with TPH organizations) and will ensure a more 
consistent application of the definition of Market-Maker within the 
Cboe Rules.
    The Exchange does not propose to modify continuous electronic 
quoting

[[Page 14688]]

obligations, and does not believe the proposed modification to the 
interpretation of the term Market-Maker in those rules will diminish 
Market-Makers' obligations to provide continuous electronic quotes in a 
significant percentage of series for a significant part of the trading 
day. Rather, the proposed interpretation provides Market-Makers with 
flexibility to quote in their appointed classes in a manner consistent 
with their business operations, particularly in classes with a large 
number of series. The Exchange believes this may benefit efficiency of 
Market-Makers' quoting operations in those classes, as they can manage 
their quoting operations as they deem appropriate based on the nature 
of their businesses. The Exchange does not believe this proposed 
interpretation would reduce liquidity, because to the extent continuous 
quoting obligations may be satisfied collectively among Market-Makers 
associated with a TPH organization, the TPH organization would have to 
take into account the quotes of all associated Market-Makers when 
determining whether it is satisfying its continuous electronic quoting 
obligations.
    The proposed interpretation removes impediments to and perfects the 
mechanisms of a free and open market and national market system, 
because other exchanges (e.g. BZX and EDGX) interpret the term Market-
Maker to mean a member organization with respect to continuous quoting 
obligations. Cboe Options is modifying its interpretation of the term 
Market-Maker with respect to continuous electronic quoting obligations 
to mean THP organization where applicable in order to provide greater 
harmonization between the rules of the Cboe-affiliated Exchanges and 
simplify the regulatory requirements of Market-Makers subject to 
Market-Maker continuous electronic quoting obligations across multiple 
Cboe-affiliated Exchanges. Additionally, as noted above, the proposed 
interpretation is consistent with the Exchange's current in-person 
quoting requirements, which may be satisfied by Market-Makers 
individually or collectively with Market-Makers of the same TPH 
organization.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Cboe Options 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 
will not impose any burden on intramarket competition, because the 
modified interpretation will apply in the same manner to all Market-
Makers subject to continuous electronic quoting obligations and is 
consistent with the current definition of Market-Maker. The Exchange 
does not propose to modify continuous electronic quoting obligations, 
and does not believe the proposed modification to the interpretation of 
the term Market-Maker in those rules will diminish Market-Makers' 
obligations to provide continuous electronic quotes in a significant 
percentage of series for a significant part of the trading day, and 
thus does not impact the balance of Market-Maker obligations and 
benefits. Rather, the proposed interpretation provides Market-Makers 
with flexibility to quote in their appointed classes in a manner 
consistent with their business operations, particularly in classes with 
a large number of series. The Exchange believes this may benefit 
efficiency of Market-Makers' quoting operations, particularly in those 
classes, as they can manage their quoting operations as they deem 
appropriate based on the nature of their businesses.
    The proposed rule change regarding the interpretation of the term 
Market-Maker will not impose any burden on intermarket competition, 
because the modified interpretation of the term Market-Maker to mean 
TPH organization where applicable is consistent with that of other 
options exchanges, as noted above. Cboe Options is modifying its 
interpretation of the term Market-Maker with respect to continuous 
electronic quoting obligations to mean TPH organization where 
applicable in order to provide greater harmonization between the rules 
of the Cboe-affiliated Exchanges and simplify the regulatory 
requirements of Market-Makers subject to Market-Maker continuous 
electronic quoting obligations across multiple Cboe-affiliated 
Exchanges. Additionally, the proposed interpretation is consistent with 
the Exchange's in-person quoting requirements.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) \11\ of the Act and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and 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 requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \13\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the 
Commission to 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. As discussed 
above, the Exchange notes that its proposal is consistent with rules of 
other exchanges.\15\ Because the proposal does not raise any new or 
novel issues, the Commission believes that waiver of the operative 
delay is consistent with the protection of investors and the public 
interest. Therefore, the Commission hereby waives the operative delay 
and designates the proposal operative upon filing.\16\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra note 6 and accompanying text.
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

[[Page 14689]]

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-2018-021 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-2018-021. 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-2018-021 and should be submitted on 
or before April 26, 2018.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo Aleman,
Assistant Secretary.
[FR Doc. 2018-06915 Filed 4-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices                                                14685

                                             SECURITIES AND EXCHANGE                                       disciplinary action against a Hybrid Market-          calendar quarter, commencing the next
                                             COMMISSION                                                    Maker for failing to meet this obligation each        calendar quarter the Market-Maker will be
                                                                                                           trading day. Hybrid Market-Maker                      subject to the following quoting obligations
                                             [Release No. 34–82974; File No. SR–CBOE–                      continuous electronic quoting obligations             in that class for as long as the Market-Maker
                                             2018–021]                                                     may be satisfied by Market-Makers either              maintains an appointment in that class:
                                                                                                           individually or collectively with Market-                (A) (No change).
                                             Self-Regulatory Organizations; Cboe                           Makers of the same TPH organization.                     (B) Continuous Electronic Quoting
                                             Exchange, Inc.; Notice of Filing and                             If a technical failure or limitation of a          Obligation: A Market-Maker will be required
                                             Immediate Effectiveness of a Proposed                         system of the Exchange prevents the Hybrid            to maintain continuous electronic quotes (as
                                             Rule Change Amending Rules                                    Market-Maker from maintaining, or prevents            defined in Rule 1.1(ccc)) in 60% of the non-
                                                                                                           the Hybrid Market-Maker from                          adjusted option series of the Market-Maker’s
                                             Regarding Market-Maker Quoting
                                                                                                           communicating to the Exchange, timely and             appointed classes that have a time to
                                             Obligations                                                   accurate electronic quotes in a class, the            expiration of less than nine months.
                                             March 30, 2018.                                               duration of such failure shall not be                 Compliance with this quoting obligation
                                                                                                           considered in determining whether the                 applies to all of a Market-Maker’s appointed
                                                Pursuant to Section 19(b)(1) of the                        Hybrid Market-Maker has satisfied the 90%             classes collectively (for which it must
                                             Securities Exchange Act of 1934 (the                          quoting standard with respect to that option          maintain continuous electronic quotes
                                             ‘‘Act’’),1 and Rule 19b-4 thereunder,2                        class. The Exchange may consider other                pursuant to this paragraph (ii)(B)). The
                                             notice is hereby given that on March 27,                      exceptions to this continuous electronic              Exchange will determine compliance by a
                                             2018, Cboe Exchange, Inc. (the                                quote obligation based on demonstrated legal          Market-Maker with this quoting obligation on
                                             ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                       or regulatory requirements or other                   a monthly basis. However, determining
                                             with the Securities and Exchange                              mitigating circumstances.                             compliance with this quoting obligation on a
                                             Commission (the ‘‘Commission’’) the                              (ddd)–(cccc) (No change).                          monthly basis does not relieve a Market-
                                                                                                           . . . Interpretations and Policies:                   Maker from meeting this obligation on a daily
                                             proposed rule change as described in                                                                                basis, nor does it prohibit the Exchange from
                                             Items I and II below, which Items have                        .01–.06 (No change).
                                                                                                                                                                 taking disciplinary action against a Market-
                                             been prepared by the Exchange. The                            *       *     *       *      *                        Maker for failing to meet this obligation each
                                             Commission is publishing this notice to                       Rule 8.7. Obligations of Market-Makers                trading day. The initial size of a Market-
                                             solicit comments on the proposed rule                            (a)–(c) (No change).                               Maker’s quote must be for the minimum
                                             change from interested persons.                                  (d) Market-Making Obligations in                   number of contracts determined by the
                                                                                                           Applicable Hybrid Classes                             Exchange on a class by class basis, which
                                             I. Self-Regulatory Organization’s                                The following obligations in this paragraph        minimum shall be at least one contract. This
                                             Statement of the Terms of Substance of                        (d) are only applicable to Market-Makers              obligation does not apply to intra-day add-on
                                             the Proposed Rule Change                                      trading classes on the Cboe Options Hybrid            series on the day during which such series
                                                                                                           System and only in those Hybrid classes.              are added for trading. Market-Maker
                                                The Exchange proposes to amend                                                                                   continuous electronic quoting obligations
                                             rules regarding Market-Maker quoting                          Unless otherwise provided in this Rule,
                                                                                                           Market-Makers trading classes on the Hybrid           may be satisfied by Market-Makers either
                                             obligations. (additions are italicized;                       System remain subject to all obligations              individually or collectively with Market-
                                             deletions are [bracketed])                                    imposed by Cboe Options Rule 8.7. To the              Makers of the same TPH organization.
                                             *     *    *     *     *                                      extent another obligation contained                      (C) (No change).
                                                                                                           elsewhere in Rule 8.7 is inconsistent with an            (iii)–(iv) (No change).
                                             Cboe Exchange, Inc.                                           obligation contained in paragraph (d) of Rule         . . . Interpretations and Policies:
                                             Rules                                                         8.7 with respect to a class trading on Hybrid,        .01–.12 (No change).
                                                                                                           this paragraph (d) shall govern trading in the        *        *   *     *      *
                                             *          *       *       *      *
                                                                                                           Hybrid class.
                                             Rule 1.1. Definitions                                            For Regular Trading Hours, these                   Rule 8.13. Preferred Market-Maker Program
                                               (a)–(bbb) (No change).                                      requirements are applicable on a per class               (a)–(c) (No change).
                                                                                                           basis, except as set forth in paragraph (ii)(B)          (d) Quoting Obligations: The Preferred
                                             Continuous Electronic Quotes                                  below, depending upon the percentage of               Market-Maker must comply with the quoting
                                                (ccc) With respect to a Market-Maker who                   volume a Market-Maker transacts in an                 obligations applicable to its Market-Maker
                                             is obligated to provide continuous electronic                 appointed class during Regular Trading                type under Exchange rules and must provide
                                             quotes on the Hybrid Trading System                           Hours electronically versus in open outcry.           continuous electronic quotes (as defined in
                                             (‘‘Hybrid Market-Maker’’), the Hybrid                         With respect to making this determination,            Rule 1.1(ccc)) in at least the lesser of 99% of
                                             Market-Maker shall be deemed to have                          the Exchange will monitor a Market-Maker’s            the non-adjusted option series that have a
                                             provided ‘‘continuous electronic quotes’’ if                  trading activity in each appointed class              time to expiration of less than nine months
                                             the Hybrid Market-Maker provides electronic                   during Regular Trading Hours every calendar           or 100% of the non-adjusted option series
                                             two-sided quotes for 90% of the time that the                 quarter to determine whether it exceeds the           that have a time to expiration of less than
                                             Hybrid Market-Maker is required to provide                    threshold established in paragraph (d)(i). If a       nine months minus one call-put pair, with
                                             electronic quotes in an appointed option                      Market-Maker exceeds the threshold                    the term ‘‘call-put pair’’ referring to one call
                                             class on a given trading day during the                       established below, the obligations contained          and one put that cover the same underlying
                                             applicable trading session. Compliance with                   in (d)(ii) will be effective the next calendar        instrument and have the same expiration
                                             this quoting obligation applies to all of a                   quarter.                                              date and exercise price. This obligation does
                                             Hybrid Market-Maker’s appointed classes                          For a period of ninety (90) days                   not apply to intra-day add-on series on the
                                             collectively (with respect to each Market-                    commencing immediately after a class begins           day during which such series are added for
                                             Maker type as the Hybrid Market-Maker is                      trading on the Hybrid system, the provisions          trading. Compliance with this quoting
                                             approved to act). The Exchange will                           of paragraph (d)(i) shall govern trading in           obligation applies to all of a Preferred
                                             determine compliance by a Hybrid Market-                      that class.                                           Market-Maker’s classes for which it receives
                                             Maker with this quoting obligation on a                          (i) (No change).                                   Preferred Market-Maker orders collectively.
                                             monthly basis. However, determining                              (ii) Market-Maker Trades More Than 20%             The Exchange will determine compliance by
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                                             compliance with this obligation on a monthly                  Contract Volume in an Appointed Class                 a Preferred Market-Maker with this quoting
                                             basis does not relieve a Hybrid Market-Maker                  Electronically:                                       obligation on a monthly basis. However,
                                             from meeting this obligation on a daily basis,                   If a Market-Maker on the Cboe Options              determining compliance with this obligation
                                             nor does it prohibit the Exchange from taking                 Hybrid System transacts more than 20% of              on a monthly basis does not relieve a
                                                                                                           the Market-Maker’s contract volume                    Preferred Market-Maker from meeting this
                                                 1 15   U.S.C. 78s(b)(1).                                  electronically in an appointed Hybrid class           quoting obligation on a daily basis, nor does
                                                 2 17   CFR 240.19b–4.                                     during Regular Trading Hours during any               it prohibit the Exchange from taking



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                                             14686                           Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices

                                             disciplinary action against a Preferred                 forth in subparagraphs (a)(i) through (a)(xi) of      Market-Makers (‘‘PMMs’’), Lead Market-
                                             Market-Maker for failing to meet this                   this Rule and the general obligations of a            Makers (‘‘LMMs’’), and Designated
                                             obligation each trading day. Preferred                  Market-Maker under the Rules,                         Primary Market-Makers (‘‘DPMs’’),
                                             Market-Maker continuous electronic quoting              subparagraphs (a)(i) through (a)(xi) of this
                                                                                                                                                           respectively. Additionally, Rule 1.1(ccc)
                                             obligations may be satisfied by Preferred               Rule will govern. Each DPM must:
                                             Market-Makers either individually or                       (i) provide continuous electronic quotes (as       defines continuous electronic quotes as
                                             collectively with Preferred Market-Makers of            defined in Rule 1.1(ccc)) in at least the lesser      that term is used in those rules. Rule 8.1
                                             the same TPH organization.                              of 99% of the non-adjusted option series or           defines a Market-Maker as an individual
                                             . . . Interpretations and Policies:                     100% of the non-adjusted option series                Trading Permit Holder or a TPH
                                             .01–.03 (No change).                                    minus one call-put pair, with the term ‘‘call-        organization that is registered with the
                                                                                                     put pair’’ referring to one call and one put          Exchange for the purpose of making
                                             *      *     *       *      *                           that cover the same underlying instrument             transactions as a dealer-specialist on the
                                             Rule 8.15. Lead Market-Makers                           and have the same expiration date and
                                                                                                                                                           Exchange in accordance with the
                                                (a) (No change).                                     exercise price, and assure that its
                                                                                                     disseminated market quotations are accurate.          provisions of Chapter VIII of the Rules.
                                                (b) LMM Obligations: Each LMM must                                                                         PMMs, LMMs, and DPMs are types of
                                             fulfill all the obligations of a Market-Maker           This obligation does not apply to intra-day
                                                                                                     add-on series on the day during which such            Market-Makers.
                                             under the Rules and satisfy each of the
                                                                                                     series are added for trading. Compliance with            Historically, Cboe Options has
                                             following requirements:
                                                (i) provide continuous electronic quotes (as         this quoting obligation applies to all of a           interpreted the term ‘‘Market-Maker’’
                                             defined in Rule 1.1 (ccc)) in at least the lesser       DPM’s allocated classes collectively. The             with respect to continuous quoting
                                             of 99% of the non-adjusted option series or             Exchange will determine compliance by a               obligations to apply on an individual
                                             100% of the non-adjusted option series                  DPM with this quoting obligation on a                 basis. This interpretation is consistent
                                                                                                     monthly basis. However, determining
                                             minus one call-put pair, with the term ‘‘call-                                                                with the previous definition of Market-
                                             put pair’’ referring to one call and one put            compliance with this obligation on a monthly
                                                                                                     basis does not relieve a DPM from meeting             Maker—Cboe Options Rule 8.1
                                             that cover the same underlying instrument                                                                     previously defined a Market-Maker as
                                             and have the same expiration date and                   this obligation on a daily basis, nor does it
                                                                                                     prohibit the Exchange from taking                     an individual member or nominee of a
                                             exercise price. This obligation does not apply
                                             to intra-day add-on series on the day during            disciplinary action against DPM for failing to        member organization.3
                                             which such series are added for trading.                meet this obligation each trading day. DPM               After the Exchange amended its rules
                                             Compliance with this quoting obligation                 continuous electronic quoting obligations             to state a Market-Maker may also be a
                                             applies to all of an LMM’s appointed classes            may be satisfied by DPM either individually           TPH organization, it continued its
                                             on each platform collectively. The Exchange             or collectively with DPM Market-Makers of             interpretation of the term ‘‘Market-
                                             will determine compliance by an LMM with                the same TPH organization;                            Maker’’ as referring to an individual
                                             this quoting obligation on a monthly basis.                (ii)–(x) (No change).
                                                                                                        (b)–(e) (No change).
                                                                                                                                                           Market-Maker with respect to
                                             However, determining compliance with this                                                                     continuous quoting obligations. This is
                                             obligation on a monthly basis does not                  . . .Interpretations and Policies:
                                                                                                     .01–.02 (No change).
                                                                                                                                                           implied by Rule 8.7, Interpretation and
                                             relieve an LMM from meeting this obligation                                                                   Policy .03(B)(i), which states the in-
                                             on a daily basis, nor does it prohibit the              *     *     *     *    *
                                             Exchange from taking disciplinary action                                                                      person requirements for Market-Makers
                                                                                                        The text of the proposed rule change               in Hybrid 3.0 classes set forth in
                                             against an LMM for failing to meet this                 is also available on the Exchange’s
                                             obligation each trading day. In option classes                                                                paragraph (B) may be satisfied by
                                                                                                     website (http://www.cboe.com/                         Market-Makers individually or
                                             in which both an On-Floor LMM and an Off-
                                             Floor DPM or Off-Floor LMM have been                    AboutCBOE/CBOELegalRegulatory                         collectively with the Market-Makers of
                                             appointed, the On-Floor LMM will not be                 Home.aspx), at the Exchange’s Office of               the same TPH organization. In the filing
                                             obligated to comply with this paragraph (b)(i)          the Secretary, and at the Commission’s                in which the Exchange proposed to
                                             and instead will be obligated to comply with            Public Reference Room.                                adopt that provision, the Exchange
                                             the obligations of Market-Makers in Rule
                                                                                                     II. Self-Regulatory Organization’s                    indicated it was proposing that
                                             8.7(d). [. ]In an option class in which the
                                             Exchange appointed an On-Floor LMM that                 Statement of the Purpose of, and                      provision in response to the Exchange’s
                                             has open-outcry obligations only, that On-              Statutory Basis for, the Proposed Rule                expansion of the definition of Market-
                                             Floor LMM will not be obligated to comply               Change                                                Maker to include TPH organizations.4
                                             with this paragraph (b)(i) and instead will be                                                                This implies the Exchange previously
                                                                                                        In its filing with the Commission, the
                                             obligated to comply with the obligations of                                                                   interpreted Market-Maker consistent
                                             Market-Makers in Rule 8.7(d) and have a                 Exchange included statements
                                                                                                                                                           with the previous definition, which was
                                             designee in the class’s crowd on the trading            concerning the purpose of and basis for
                                                                                                                                                           an individual. Limiting that provision to
                                             floor for the entire trading day (except for a          the proposed rule change and discussed
                                                                                                                                                           the in-person requirements for Market-
                                             de minimis amount of time). Lead Market-                any comments it received on the
                                                                                                                                                           Makers in Hybrid 3.0 classes also
                                             Maker continuous electronic quoting                     proposed rule change. The text of these
                                             obligations may be satisfied by Lead Market-                                                                  indicates the Exchange’s intention to
                                                                                                     statements may be examined at the
                                             Makers either individually or collectively                                                                    only interpret Market-Maker as an
                                                                                                     places specified in Item IV below. The
                                             with Lead Market-Makers of the same TPH                                                                       individual or TPH organization for the
                                                                                                     Exchange has prepared summaries, set
                                             organization;                                                                                                 purposes of those in-person obligations,
                                                                                                     forth in sections A, and B below, of the
                                                (ii)–(viii) (No change).                                                                                   but not change its interpretation of the
                                                (c)–(d) (No change).                                 most significant aspects of such
                                                                                                                                                           term Market-Maker with respect to other
                                             . . . Interpretations and Policies:                     statements.
                                             .01–.04 (No change).                                    A. Self-Regulatory Organization’s                        3 See Securities Exchange Act Release No. 57615

                                             *      *     *       *      *                           Statement of the Purpose of, and                      (April 3, 2008), 73 FR 19537 (April 10, 2008) (SR–
                                                                                                                                                           CBOE–2008–120) (order approving proposed rule
                                             Rule 8.85. DPM Obligations                              Statutory Basis for, the Proposed Rule                change relating to Market-Makers and Remote
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                                               (a) Dealer Transactions. Each DPM must
                                                                                                     Change                                                Market-Makers, which rule change amended the
                                                                                                                                                           definition of Market-Maker in Rule 8.1 to include
                                             fulfill all of the obligations of a Market-Maker        1. Purpose                                            member (which are now known as Trading Permit
                                             under the Rules, and must satisfy each of the                                                                 Holders) organizations).
                                             following requirements in respect of each of               Cboe Options Rules 8.7(d)(ii)(B),                     4 See Securities Exchange Act Release No. 57996
                                             the securities allocated to the DPM. To the             8.13(d), 8.15(b)(i), and 8.85(a)(i) set forth         (June 20, 2008), 73 FR 36937 (June 30, 2008) (SR–
                                             extent that there is any inconsistency                  continuous electronic quoting                         CBOE–2008–59) (proposed rule change to adopt
                                             between the specific obligations of a DPM set           obligations of Market-Makers, Preferred               Rule 8.7, Interpretation and Policy .03(B)(i)).



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                                                                            Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices                                             14687

                                             obligations. As a result, the Exchange                  example, a Market-Maker firm has                        harmonization between the rules of the
                                             has continued to interpret the term                     acronyms ABC, DEF, and GHI registered                   Cboe-affiliated Exchanges and simplify
                                             Market-Maker with respect to                            for three individuals associated with                   the regulatory requirements of Market-
                                             continuous quoting obligations to mean                  that firm. The firm’s plan is for these                 Makers subject to Market-Maker
                                             an individual, despite the change to the                individuals to stream quotes in class                   continuous electronic quoting
                                             definition of Market-Maker.                             XYZ as follows: ABC will quote in the                   obligations across multiple Cboe-
                                                Cboe Options proposes to modify its                  near three month series (months one                     affiliated Exchanges. Additionally, as
                                             interpretation of the term ‘‘Market-                    through three), DEF will quote in the                   noted above, the Exchange’s current in-
                                             Maker’’ with respect to Market-Maker                    middle three month series (months four                  person quoting requirements may be
                                             continuous electronic quoting                           through six), and GHI will quote in the                 satisfied by Market-Makers individually
                                             obligations and instead interpret the                   far three month series (months seven                    or collectively with Market-Makers of
                                             term Market-Maker in a manner                           through nine).5 Assume each acronym                     the same TPH organization.
                                             consistent with its definition, which                   submits electronic quotes in 300 series                    While the proposed rule change is a
                                             includes both individuals and TPH                       for 90% of the trading day, which                       modification of a current interpretation
                                             organizations. Specifically, the                        combines for 900 series out of 1,000                    to Exchange rules, the Exchange
                                             proposed rule change amends the                         total series listed for trading in class                proposes to include the interpretation in
                                             above-referenced rules regarding                        XYZ (i.e., 90% of series) for the Market-               the applicable rules to provide clarity to
                                             continuous electronic quoting                           Maker firm. On an aggregate basis, this                 Market-Makers regarding their
                                             obligations to state Market-Maker (or                   satisfies the firm’s obligation to quote in             obligations.
                                             PMM, LMM, or DPM, as applicable)                        at least 60% of series for 90% of the
                                             continuous electronic quoting                                                                                   2. Statutory Basis
                                                                                                     trading day.
                                             obligations may be satisfied by Market-                    Modifying the interpretation of the                     The Exchange believes the proposed
                                             Makers either individually or                           term Market-Maker to apply on a firm                    rule change is consistent with the
                                             collectively with Market-Makers of the                  basis with respect to continuous                        Securities Exchange Act of 1934 (the
                                             same TPH organization. The Exchange                     electronic quoting obligations is also                  ‘‘Act’’) and the rules and regulations
                                             believes it is reasonable to interpret the              consistent with rules of other                          thereunder applicable to the Exchange
                                             term Market-Maker with respect to                       exchanges. For example, under the rules                 and, in particular, the requirements of
                                             continuous electronic quoting in this                   of Cboe-affiliated options exchanges                    Section 6(b) of the Act.8 Specifically,
                                             manner, as that is consistent with the                  Cboe BZX Exchange, Inc. (‘‘BZX                          the Exchange believes the proposed rule
                                             current definition. The proposed                        Options’’) and Cboe EDGX Exchange,                      change is consistent with the Section
                                             interpretation is consistent with the                   Inc. (‘‘EDGX Options’’), a Market-Maker                 6(b)(5) 9 requirements that the rules of
                                             current structure of TPH organizations                  by definition may only be an entity,6                   an exchange be designed to prevent
                                             registered as Market-Makers (as                         and thus the rules with respect to                      fraudulent and manipulative acts and
                                             currently all individual Market-Makers                  continuous electronic quoting                           practices, to promote just and equitable
                                             are affiliated with a TPH organization,                 obligations apply on a firm basis.                      principles of trade, to foster cooperation
                                             and thus TPH organizations are                          Additionally, Cboe-affiliated options                   and coordination with persons engaged
                                             ultimately responsible for those Market-                exchange Cboe C2 Exchange, Inc. has                     in regulating, clearing, settling,
                                             Makers) and will ensure a more                          historically only had trading firms                     processing information with respect to,
                                             consistent application of the definition                registered as Market-Makers, and thus                   and facilitating transactions in
                                             of Market-Maker within the Cboe Rules.                  has interpreted the term Market-Maker                   securities, to remove impediments to
                                                Additionally, the proposed                           to mean Trading Permit Holder                           and perfect the mechanism of a free and
                                             interpretation provides Market-Makers                   organization.7 Cboe Options is                          open market and a national market
                                             with flexibility to quote in their                      modifying its interpretation of the term                system, and, in general, to protect
                                             appointed classes in a manner                           Market-Maker with respect to                            investors and the public interest.
                                             consistent with their business                          continuous electronic quoting                           Additionally, the Exchange believes the
                                             operations, particularly in classes with                obligations to mean TPH organization                    proposed rule change is consistent with
                                             a large number of series. For example,                  where applicable to provide greater                     the Section 6(b)(5) 10 requirement that
                                             the Exchange intends to convert trading                                                                         the rules of an exchange not be designed
                                             of SPX options from the Hybrid 3.0                         5 Rule 8.7(d)(ii) requires continuous electronic
                                                                                                                                                             to permit unfair discrimination between
                                             trading platform to the Hybrid trading                  quotes in the series with expirations no further than
                                                                                                     nine months.
                                                                                                                                                             customers, issuers, brokers, or dealers.
                                             system. There are currently over 7,000                     6 See BZX and EDGX Rules 16.1(a)(38) (defining          In particular, the proposed
                                             series within the SPX option group                      ‘‘Options Member’’ as a firm, or organization           interpretation is consistent with the
                                             trading on the Hybrid 3.0 platform, on                  registered with the Exchange pursuant to Chapter        current definition of Market-Maker,
                                             which Market-Makers may not stream                      XVII of EDGX rules, for purposes of participating       which provides a Market-Maker may be
                                                                                                     in EDGX Options as an ‘‘Options Order Entry Firm’’
                                             electronic quotes. Upon conversion of                   or ‘‘Options Market-Maker’’) and (37) (defining         an individual or a TPH organization.
                                             SPX to Hybrid, Market-Makers will be                    ‘‘Options Market Maker’’ as an Options Member,          The proposed interpretation is also
                                             able to select electronic appointments in               which may only be a firm, registered with the           consistent with the current structure of
                                             this group and stream electronic quotes,                Exchange for the purpose of making markets in
                                                                                                     options contracts traded on the Exchange and that       TPH organizations registered as Market-
                                             subject to continuous electronic quoting                is vested with the rights and responsibilities          Makers (as all individual Market-Makers
                                             obligations in Rule 8.7(d). Given the                   specified in Chapter XXII of the EDGX rules); see       are currently associated with TPH
                                             large number of SPX series, the                         also BZX and EDGX Rules 22.2 (stating that Options      organizations) and will ensure a more
                                             Exchange understands a Market-Maker                     Members (which may only be firms) may register
                                                                                                     as Market Makers) and 22.5 (describing obligations      consistent application of the definition
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                                             firm may decide to have individuals                     of Market-Makers, which may only be firms by            of Market-Maker within the Cboe Rules.
                                             associated with the firm submit SPX                     virtue of the definitions of Market-Maker and              The Exchange does not propose to
                                             quotes in different series using different              Options Member).                                        modify continuous electronic quoting
                                                                                                        7 Various Trading Permit Holders have also
                                             acronyms. On an aggregate basis, the
                                                                                                     informed the Exchange that other options
                                             quotes submitted through those various                  exchanges similarly interpret their continuous
                                                                                                                                                              8 15 U.S.C. 78f(b).
                                             acronyms would satisfy the firm’s                       electronic quoting rules to apply on a firm basis        9 15 U.S.C. 78f(b)(5).
                                             electronic quoting obligations. For                     rather than individual basis.                            10 Id.




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                                             14688                          Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices

                                             obligations, and does not believe the                   apply in the same manner to all Market-               operative for 30 days from the date on
                                             proposed modification to the                            Makers subject to continuous electronic               which it was filed, or such shorter time
                                             interpretation of the term Market-Maker                 quoting obligations and is consistent                 as the Commission may designate, it has
                                             in those rules will diminish Market-                    with the current definition of Market-                become effective pursuant to Section
                                             Makers’ obligations to provide                          Maker. The Exchange does not propose                  19(b)(3)(A) 11 of the Act and Rule 19b–
                                             continuous electronic quotes in a                       to modify continuous electronic quoting               4(f)(6) thereunder.12
                                             significant percentage of series for a                  obligations, and does not believe the                    A proposed rule change filed
                                             significant part of the trading day.                    proposed modification to the                          pursuant to Rule 19b–4(f)(6) under the
                                             Rather, the proposed interpretation                     interpretation of the term Market-Maker               Act 13 normally does not become
                                             provides Market-Makers with flexibility                 in those rules will diminish Market-                  operative for 30 days after the date of its
                                             to quote in their appointed classes in a                Makers’ obligations to provide                        filing. However, Rule 19b–4(f)(6)(iii) 14
                                             manner consistent with their business                   continuous electronic quotes in a                     permits the Commission to designate a
                                             operations, particularly in classes with                significant percentage of series for a                shorter time if such action is consistent
                                             a large number of series. The Exchange                  significant part of the trading day, and              with the protection of investors and the
                                             believes this may benefit efficiency of                 thus does not impact the balance of                   public interest. The Exchange has asked
                                             Market-Makers’ quoting operations in                    Market-Maker obligations and benefits.                the Commission to waive the 30-day
                                             those classes, as they can manage their                 Rather, the proposed interpretation                   operative delay so that the proposal may
                                             quoting operations as they deem                         provides Market-Makers with flexibility               become operative immediately upon
                                             appropriate based on the nature of their                to quote in their appointed classes in a              filing. As discussed above, the Exchange
                                             businesses. The Exchange does not                       manner consistent with their business                 notes that its proposal is consistent with
                                             believe this proposed interpretation                    operations, particularly in classes with              rules of other exchanges.15 Because the
                                             would reduce liquidity, because to the                  a large number of series. The Exchange                proposal does not raise any new or
                                             extent continuous quoting obligations                   believes this may benefit efficiency of               novel issues, the Commission believes
                                             may be satisfied collectively among                     Market-Makers’ quoting operations,                    that waiver of the operative delay is
                                             Market-Makers associated with a TPH                     particularly in those classes, as they can            consistent with the protection of
                                             organization, the TPH organization                      manage their quoting operations as they               investors and the public interest.
                                             would have to take into account the                     deem appropriate based on the nature of               Therefore, the Commission hereby
                                             quotes of all associated Market-Makers                  their businesses.                                     waives the operative delay and
                                             when determining whether it is                             The proposed rule change regarding                 designates the proposal operative upon
                                             satisfying its continuous electronic                    the interpretation of the term Market-                filing.16
                                             quoting obligations.                                    Maker will not impose any burden on                      At any time within 60 days of the
                                                The proposed interpretation removes                  intermarket competition, because the
                                                                                                                                                           filing of the proposed rule change, the
                                             impediments to and perfects the                         modified interpretation of the term
                                                                                                                                                           Commission summarily may
                                             mechanisms of a free and open market                    Market-Maker to mean TPH
                                                                                                                                                           temporarily suspend such rule change if
                                             and national market system, because                     organization where applicable is
                                                                                                                                                           it appears to the Commission that such
                                             other exchanges (e.g. BZX and EDGX)                     consistent with that of other options
                                                                                                                                                           action is: (i) Necessary or appropriate in
                                             interpret the term Market-Maker to                      exchanges, as noted above. Cboe
                                                                                                                                                           the public interest; (ii) for the protection
                                             mean a member organization with                         Options is modifying its interpretation
                                                                                                                                                           of investors; or (iii) otherwise in
                                             respect to continuous quoting                           of the term Market-Maker with respect
                                                                                                                                                           furtherance of the purposes of the Act.
                                             obligations. Cboe Options is modifying                  to continuous electronic quoting
                                                                                                                                                           If the Commission takes such action, the
                                             its interpretation of the term Market-                  obligations to mean TPH organization
                                                                                                                                                           Commission shall institute proceedings
                                             Maker with respect to continuous                        where applicable in order to provide
                                             electronic quoting obligations to mean                                                                        to determine whether the proposed rule
                                                                                                     greater harmonization between the rules
                                             THP organization where applicable in                                                                          should be approved or disapproved.
                                                                                                     of the Cboe-affiliated Exchanges and
                                             order to provide greater harmonization                  simplify the regulatory requirements of               IV. Solicitation of Comments
                                             between the rules of the Cboe-affiliated                Market-Makers subject to Market-Maker                   Interested persons are invited to
                                             Exchanges and simplify the regulatory                   continuous electronic quoting                         submit written data, views, and
                                             requirements of Market-Makers subject                   obligations across multiple Cboe-                     arguments concerning the foregoing,
                                             to Market-Maker continuous electronic                   affiliated Exchanges. Additionally, the
                                             quoting obligations across multiple                                                                           including whether the proposed rule
                                                                                                     proposed interpretation is consistent                 change is consistent with the Act.
                                             Cboe-affiliated Exchanges. Additionally,                with the Exchange’s in-person quoting
                                             as noted above, the proposed                                                                                  Comments may be submitted by any of
                                                                                                     requirements.                                         the following methods:
                                             interpretation is consistent with the
                                             Exchange’s current in-person quoting                    C. Self-Regulatory Organization’s
                                             requirements, which may be satisfied by                 Statement on Comments on the                            11 15  U.S.C. 78s(b)(3)(A).
                                             Market-Makers individually or                           Proposed Rule Change Received From                      12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                     Members, Participants, or Others                      4(f)(6) requires a self-regulatory organization to give
                                             collectively with Market-Makers of the                                                                        the Commission written notice of its intent to file
                                             same TPH organization.                                    The Exchange neither solicited nor                  the proposed rule change, along with a brief
                                                                                                     received comments on the proposed                     description and the text of the proposed rule
                                             B. Self-Regulatory Organization’s                                                                             change, at least five business days prior to the date
                                                                                                     rule change.
                                             Statement on Burden on Competition                                                                            of filing of the proposed rule change, or such
                                                                                                     III. Date of Effectiveness of the                     shorter time as designated by the Commission. The
                                               Cboe Options does not believe that                                                                          Exchange has satisfied this requirement.
                                                                                                     Proposed Rule Change and Timing for
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                                             the proposed rule change will impose                                                                             13 17 CFR 240.19b–4(f)(6).

                                             any burden on competition that is not                   Commission Action                                        14 17 CFR 240.19b–4(f)(6)(iii).

                                             necessary or appropriate in furtherance                    Because the foregoing proposed rule                   15 See supra note 6 and accompanying text.
                                                                                                                                                              16 For purposes only of waiving the 30-day
                                             of the purposes of the Act. The                         change does not: (i) Significantly affect
                                                                                                                                                           operative delay, the Commission has also
                                             proposed rule change will not impose                    the protection of investors or the public             considered the proposed rule’s impact on
                                             any burden on intramarket competition,                  interest; (ii) impose any significant                 efficiency, competition, and capital formation. See
                                             because the modified interpretation will                burden on competition; and (iii) become               15 U.S.C. 78c(f).



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                                                                              Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Notices                                            14689

                                             Electronic Comments                                       SECURITIES AND EXCHANGE                                  Filing Dates: The application was
                                                                                                       COMMISSION                                            filed on January 24, 2018, and amended
                                               • Use the Commission’s internet                                                                               on February 22, 2018.
                                             comment form (http://www.sec.gov/                                                                                  Applicant’s Address: Canton House,
                                                                                                       [Investment Company Act Release No.
                                             rules/sro.shtml); or                                      33063]                                                300 Water Street, Baltimore, Maryland
                                               • Send an email to rule-comments@                                                                             21202.
                                             sec.gov. Please include File Number SR–                   Notice of Applications for                            Meehan Mutual Funds, Inc. [File No.
                                             CBOE–2018–021 on the subject line.                        Deregistration Under Section 8(f) of the              811–09575]
                                                                                                       Investment Company Act of 1940
                                             Paper Comments                                                                                                     Summary: Applicant seeks an order
                                                                                                       March 30, 2018.                                       declaring that it has ceased to be an
                                               • Send paper comments in triplicate                                                                           investment company. The applicant has
                                                                                                         The following is a notice of
                                             to Secretary, Securities and Exchange                                                                           transferred its assets to Meehan Focus
                                                                                                       applications for deregistration under
                                             Commission, 100 F Street NE,                              section 8(f) of the Investment Company                Fund, a series of Ultimus Managers
                                             Washington, DC 20549–1090.                                Act of 1940 for the month of March                    Trust, and, on October 20, 2017, made
                                             All submissions should refer to File                      2018. A copy of each application may be               a final distribution to its shareholders
                                             Number SR–CBOE–2018–021. This file                        obtained via the Commission’s website                 based on net asset value. Expenses of
                                             number should be included on the                          by searching for the file number, or for              $133,418 incurred in connection with
                                             subject line if email is used. To help the                an applicant using the Company name                   the reorganization were paid by the
                                                                                                       box, at http://www.sec.gov/search/                    applicant’s investment adviser.
                                             Commission process and review your
                                                                                                       search.htm or by calling (202) 551–                      Filing Date: The application was filed
                                             comments more efficiently, please use                                                                           on February 22, 2018.
                                             only one method. The Commission will                      8090. An order granting each
                                                                                                       application will be issued unless the                    Applicant’s Address: c/o Edgemoor
                                             post all comments on the Commission’s                                                                           Investment Advisors Inc., 7250
                                             internet website (http://www.sec.gov/                     SEC orders a hearing. Interested persons
                                                                                                       may request a hearing on any                          Woodmont Avenue, Suite 315,
                                             rules/sro.shtml). Copies of the                                                                                 Bethesda, Maryland 20814.
                                                                                                       application by writing to the SEC’s
                                             submission, all subsequent
                                                                                                       Secretary at the address below and                    LocalShares Investment Trust [File No.
                                             amendments, all written statements                        serving the relevant applicant with a
                                             with respect to the proposed rule                                                                               811–22755]
                                                                                                       copy of the request, personally or by
                                             change that are filed with the                            mail. Hearing requests should be                         Summary: Applicant seeks an order
                                             Commission, and all written                               received by the SEC by 5:30 p.m. on                   declaring that it has ceased to be an
                                             communications relating to the                            April 24, 2018, and should be                         investment company. On February 16,
                                             proposed rule change between the                          accompanied by proof of service on                    2018, applicant made a liquidating
                                             Commission and any person, other than                     applicants, in the form of an affidavit or,           distribution to its shareholders, based
                                             those that may be withheld from the                       for lawyers, a certificate of service.                on net asset value. Expenses of $46,500
                                             public in accordance with the                             Pursuant to Rule 0–5 under the Act,                   incurred in connection with the
                                             provisions of 5 U.S.C. 552, will be                       hearing requests should state the nature              liquidation were paid by the applicant’s
                                             available for website viewing and                         of the writer’s interest, any facts bearing           investment adviser.
                                                                                                                                                                Filing Date: The application was filed
                                             printing in the Commission’s Public                       upon the desirability of a hearing on the
                                                                                                                                                             on March 5, 2018.
                                             Reference Room, 100 F Street NE,                          matter, the reason for the request, and
                                                                                                                                                                Applicant’s Address: 4535 Harding
                                             Washington, DC 20549 on official                          the issues contested. Persons who wish
                                                                                                                                                             Pike, Suite 201, Nashville, Tennessee
                                             business days between the hours of                        to be notified of a hearing may request
                                                                                                                                                             37205.
                                             10:00 a.m. and 3:00 p.m. Copies of the                    notification by writing to the
                                             filing also will be available for                         Commission’s Secretary.                               Transamerica AUIM Opportunistic
                                             inspection and copying at the principal                                                                         Bond [File No. 811–22765]
                                                                                                       ADDRESSES:  The Commission: Secretary,
                                             office of the Exchange. All comments                      U.S. Securities and Exchange                             Summary: Applicant, a closed-end
                                             received will be posted without change.                   Commission, 100 F Street NE,                          investment company, seeks an order
                                             Persons submitting comments are                           Washington, DC 20549–1090.                            declaring that it has ceased to be an
                                             cautioned that we do not redact or edit                                                                         investment company. Applicant has
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                             personal identifying information from                                                                           never made a public offering of its
                                                                                                       Shawn Davis, Branch Chief, at (202)                   securities and does not propose to make
                                             comment submissions. You should
                                                                                                       551–6413 or Chief Counsel’s Office at                 a public offering or engage in business
                                             submit only information that you wish
                                                                                                       (202) 551–6821; SEC, Division of                      of any kind.
                                             to make available publicly. All                           Investment Management, Chief
                                             submissions should refer to File                                                                                   Filing Dates: The application was
                                                                                                       Counsel’s Office, 100 F Street NE,                    filed on January 24, 2018, and amended
                                             Number SR–CBOE–2018–021 and                               Washington, DC 20549–8010.
                                             should be submitted on or before April                                                                          on March 7, 2018.
                                             26, 2018.                                                 Croft Funds Corporation [File No. 811–                   Applicant’s Address: 1801 California
                                                                                                       08652]                                                Street, Suite 5200, Denver, Colorado
                                               For the Commission, by the Division of                                                                        80202.
                                             Trading and Markets, pursuant to delegated                   Summary: Applicant seeks an order
                                             authority.17                                              declaring that it has ceased to be an                 Waddell & Reed Advisors Funds [811–
                                                                                                                                                             09435]
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                                             Eduardo Aleman,                                           investment company. On December 1,
                                             Assistant Secretary.                                      2017, applicant made a liquidating                      Summary: Applicant seeks an order
                                             [FR Doc. 2018–06915 Filed 4–4–18; 8:45 am]                distribution to its shareholders, based               declaring that it has ceased to be an
                                                                                                       on net asset value. Expenses of $3,764                investment company. Each series of
                                             BILLING CODE 8011–01–P
                                                                                                       incurred in connection with the                       applicant has transferred its assets to a
                                                                                                       liquidation were paid by the applicant’s              corresponding series of Ivy Funds and,
                                               17 17   CFR 200.30–3(a)(12).                            investment adviser.                                   on October 10, 2017 and February 20,


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Document Created: 2018-11-01 09:13:46
Document Modified: 2018-11-01 09:13:46
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 Citation83 FR 14685 

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