83_FR_21414 83 FR 21324 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Operation of the SPXPM Pilot Program

83 FR 21324 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Operation of the SPXPM Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 90 (May 9, 2018)

Page Range21324-21327
FR Document2018-09830

Federal Register, Volume 83 Issue 90 (Wednesday, May 9, 2018)
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Notices]
[Pages 21324-21327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09830]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83166; File No. SR-CBOE-2018-036]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Extend 
the Operation of the SPXPM Pilot Program

May 3, 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 May 2, 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 Exchange 
filed the proposal as a ``non-controversial'' proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the operation of its SPXPM pilot 
program. The text of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Cboe Exchange, Inc. Rules

* * * * *
Rule 24.9. Terms of Index Option Contracts
    (No change).

. . . Interpretations and Policies:

    .01-.13 (No change).
    .14 In addition to A.M.-settled Standard & Poor's 500 Stock Index 
options approved for trading on the Exchange pursuant to Rule 24.9, the 
Exchange may also list options on the S&P 500 Index whose exercise 
settlement value is derived from closing prices on the last trading day 
prior to expiration (P.M.-settled third Friday-of-the-month SPX options 
series). The Exchange may also list options on the Mini-SPX Index 
(``XSP'') whose exercise settlement value is derived from closing 
prices on the last trading day prior to expiration (``P.M.-settled''). 
P.M.-settled third Friday-of-the-month SPX options series and P.M.-
settled XSP options will be listed for trading for a pilot period 
ending [May 3]November 5, 2018.
* * * * *
    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,

[[Page 21325]]

and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On February 8, 2013, the Exchange received approval of a rule 
change that established a Pilot Program that allows the Exchange to 
list options on the S&P 500 Index whose exercise settlement value is 
derived from closing prices on the last trading day prior to expiration 
(``SPXPM'').\5\ On July 31, 2013, the Exchange received approval of a 
rule change that amended the Pilot Program to allow the Exchange to 
list options on the Mini-SPX Index (``XSP'') whose exercise settlement 
value is derived from closing prices on the last trading day prior to 
expiration (``P.M.-settled'') \6\ (together, SPXPM and P.M.-settled XSP 
to be referred to herein as the ``Pilot Products'').\7\ The Exchange 
has extended the pilot period four times, which is currently set to 
expire on the earlier of May 3, 2018 or the date on which the pilot 
program is approved on a permanent basis.\8\ The Exchange hereby 
proposes to further extend the end date of the pilot period to November 
5, 2018.
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    \5\ See Securities Exchange Act Release No. 68888 (February 8, 
2013), 78 FR 10668 (February 14, 2013) (SR-CBOE-2012-120) (the 
``SPXPM Approval Order''). Pursuant to Securities Exchange Act 
Release No. 80060 (February 17, 2017), 82 FR 11673 (February 24, 
2017) (SR-CBOE-2016-091), the Exchange moved third-Friday P.M.-
settled options into the S&P 500 Index options class, and as a 
result, the trading symbol for P.M.-settled S&P 500 Index options 
that have standard third Friday-of-the-month expirations changed 
from ``SPXPM'' to ``SPXW.'' This change went into effect on May 1, 
2017, pursuant to Cboe Options Regulatory Circular RG17-054.
    \6\ See Securities Exchange Act Release No. 70087 (July 31, 
2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) (the ``P.M.-
settled XSP Approval Order'').
    \7\ For more information on the Pilot Products or the Pilot 
Program, see the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order.
    \8\ See Securities Exchange Act Release Nos. 71424 (January 28, 
2014), 79 FR 6249 (February 3, 2014) (SR-CBOE-2014-004); 73338 
(October 10, 2014), 79 FR 62502 (October 17, 2014) (SR-CBOE-2014-
076); 77573 (April 8, 2016), 81 FR 22148 (April 14, 2016) (SR-CBOE-
2016-036); and 80386 (April 6, 2017), 82 FR 17704 (April 12, 2017) 
(SR-CBOE-2017-025).
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    During the course of the Pilot Program and in support of the 
extensions of the Pilot Program, the Exchange submits to the Securities 
and Exchange Commission (the ``Commission'') reports regarding the 
Pilot Program that detail the Exchange's experience with the Pilot 
Program, pursuant to the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. Specifically, the Exchange submits annual Pilot Program 
reports to the Commission that contain an analysis of volume, open 
interest, and trading patterns. The analysis examines trading in Pilot 
Products as well as trading in the securities that comprise the 
underlying index. Additionally, for series that exceed certain minimum 
open interest parameters, the annual reports provide analysis of index 
price volatility and share trading activity. The Exchange also submits 
periodic interim reports that contain some, but not all, of the 
information contained in the annual reports. In providing the annual 
and periodic interim reports (the ``pilot reports'') to the Commission, 
the Exchange has previously requested confidential treatment of the 
pilot reports under the Freedom of Information Act (``FOIA'').\9\
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    \9\ 5 U.S.C. 552.
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    The pilot reports both contain the following volume and open 
interest data:
    (1) Monthly volume aggregated for all trades;
    (2) monthly volume aggregated by expiration date;
    (3) monthly volume for each individual series;
    (4) month-end open interest aggregated for all series;
    (5) month-end open interest for all series aggregated by expiration 
date; and
    (6) month-end open interest for each individual series.
    The annual reports also contain the information noted in Items (1) 
through (6) above for Expiration Friday, A.M.-settled, S&P 500 index 
options traded on Cboe Options, as well as the following analysis of 
trading patterns in the Pilot Products options series in the Pilot 
Program:
    (1) A time series analysis of open interest; and
    (2) an analysis of the distribution of trade sizes.

Finally, for series that exceed certain minimum parameters, the annual 
reports contain the following analysis related to index price changes 
and underlying share trading volume at the close on Expiration Fridays:

    (1) A comparison of index price changes at the close of trading on 
a given Expiration Friday with comparable price changes from a control 
sample. The data includes a calculation of percentage price changes for 
various time intervals and compare that information to the respective 
control sample. Raw percentage price change data as well as percentage 
price change data normalized for prevailing market volatility, as 
measured by the Cboe Volatility Index (VIX), is provided; and
    (2) a calculation of share volume for a sample set of the component 
securities representing an upper limit on share trading that could be 
attributable to expiring in-the-money series. The data includes a 
comparison of the calculated share volume for securities in the sample 
set to the average daily trading volumes of those securities over a 
sample period.

The minimum open interest parameters, control sample, time intervals, 
method for randomly selecting the component securities, and sample 
periods are determined by the Exchange and the Commission. In proposing 
to extend the Pilot Program, the Exchange will continue to abide by the 
reporting requirements described herein, as well as in the SPXPM 
Approval Order and the P.M.-settled XSP Approval Order.\10\ 
Additionally, the Exchange will provide the Commission with any 
additional data or analyses the Commission requests because it deems 
such data or analyses necessary to determine whether the Pilot Program 
is consistent with the Exchange Act. The Exchange will make public all 
data and analyses previously submitted to the Commission under the 
Pilot Program, as well as any data and analyses it makes to the 
Commission under the Pilot Program in the future.
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    \10\ Pursuant to Securities Exchange Act Release No. 75914 
(September 14, 2015), 80 FR 56522 (September 18, 2015) (SR-CBOE-
2015-079), the Exchange added SPXPM and P.M.-settled XSP options to 
the list of products approved for trading during Extended Trading 
Hours (``ETH''). The Exchange will also include the applicable 
information regarding SPXPM and P.M.-settled XSP options that trade 
during ETH in its annual and interim reports.
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    The Exchange proposes the extension of the Pilot Program in order 
to continue to give the Commission more time to consider the impact of 
the Pilot Program. To this point, Cboe Options believes that the Pilot 
Program has been

[[Page 21326]]

well-received by its Trading Permit Holders and the investing public, 
and the Exchange would like to continue to provide investors with the 
ability to trade SPXPM and P.M.-settled XSP options. All terms 
regarding the trading of the Pilot Products shall continue to operate 
as described in the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. The Exchange merely proposes herein to extend the term 
of the Pilot Program to November 5, 2018.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') [sic] and the rules 
and regulations thereunder applicable to the Exchange and, in 
particular, the requirements of Section 6(b) of the Act.\11\ 
Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \12\ 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) \13\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
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    In particular, the Exchange believes that the proposed extension of 
the Pilot Program will continue to provide greater opportunities for 
investors. Further, the Exchange believes that it has not experienced 
any adverse effects or meaningful regulatory concerns from the 
operation of the Pilot Program. As such, the Exchange believes that the 
extension of the Pilot Program does not raise any unique or prohibitive 
regulatory concerns. Also, the Exchange believes that such trading has 
not, and will not, adversely impact fair and orderly markets on 
Expiration Fridays for the underlying stocks comprising the S&P 500 
index. The extension of the Pilot Program will continue to provide 
investors with the opportunity to trade the desirable products of SPXPM 
and P.M.-settled XSP, while also providing the Commission further 
opportunity to observe such trading of the Pilot Products.

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 Exchange does not 
believe the continuation of the Pilot Program will impose any 
unnecessary or inappropriate burden on intramarket competition because 
it will continue to apply equally to all Cboe Options market 
participants, and the Pilot Products will be available to all Cboe 
Options market participants. The Exchange believes there is sufficient 
investor interest and demand in the Pilot Program to warrant its 
extension. The Exchange believes that, for the period that the Pilot 
Program has been in operation, it has provided investors with desirable 
products with which to trade. Furthermore, the Exchange believes that 
it has not experienced any adverse market effects or regulatory 
concerns with respect to the Pilot Program. The Exchange further does 
not believe that the proposed extension of the Pilot Program will 
impose any burden on intermarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act because it only 
applies to trading on Cboe Options. To the extent that the continued 
trading of the Pilot Products may make Cboe Options a more attractive 
marketplace to market participants at other exchanges, such market 
participants may elect to become Cboe Options market participants.

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 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 if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with 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 asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange states that waiver of the 30-day operative delay 
will allow it to extend the Pilot Program prior to its expiration on 
May 3, 2018, and maintain the status quo, thereby reducing market 
disruption. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest, as it will allow the Pilot Program to continue uninterrupted, 
thereby avoiding investor confusion that could result from a temporary 
interruption in the Pilot Program. For this reason, the Commission 
designates the proposed rule change to be operative upon filing.\16\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE -2018-036 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.


[[Page 21327]]


All submissions should refer to File No. SR-CBOE-2018-036. 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 such filing will also 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 No. SR-CBOE-2018-036 and should be submitted on or 
before May 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-09830 Filed 5-8-18; 8:45 am]
BILLING CODE 8011-01-P



                                             21324                         Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices

                                                A proposed rule change filed                         Commission, 100 F Street NE,                           ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                             pursuant to Rule 19b–4(f)(6) under the                  Washington, DC 20549–1090.                             notice is hereby given that on May 2,
                                             Act 22 normally does not become                         All submissions should refer to File                   2018, Cboe Exchange, Inc. (the
                                             operative for 30 days after the date of its             Number SR–BOX–2018–13. This file                       ‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                             filing. However, Rule 19b–4(f)(6)(iii) 23               number should be included on the                       with the Securities and Exchange
                                             permits the Commission to designate a                   subject line if email is used. To help the             Commission (the ‘‘Commission’’) the
                                             shorter time if such action is consistent               Commission process and review your                     proposed rule change as described in
                                             with the protection of investors and the                comments more efficiently, please use                  Items I and II below, which Items have
                                             public interest. The Exchange has asked                 only one method. The Commission will                   been prepared by the Exchange. The
                                             the Commission to waive the 30-day                      post all comments on the Commission’s                  Exchange filed the proposal as a ‘‘non-
                                             operative delay so that the proposed                    internet website (http://www.sec.gov/                  controversial’’ proposed rule change
                                             rule change may become operative upon                   rules/sro.shtml). Copies of the                        pursuant to Section 19(b)(3)(A)(iii) of
                                             filing. The Exchange states that waiver                 submission, all subsequent                             the Act 3 and Rule 19b–4(f)(6)
                                             of the operative delay would be                         amendments, all written statements                     thereunder.4 The Commission is
                                             consistent with the protection of                       with respect to the proposed rule                      publishing this notice to solicit
                                             investors and the public interest                       change that are filed with the                         comments on the proposed rule change
                                             because it will allow the Exchange to                   Commission, and all written                            from interested persons.
                                             immediately provide Participants with                   communications relating to the                         I. Self-Regulatory Organization’s
                                             additional protections for Complex                      proposed rule change between the                       Statement of the Terms of Substance of
                                             Orders submitted and executed on the                    Commission and any person, other than                  the Proposed Rule Change
                                             Exchange. The Commission believes                       those that may be withheld from the
                                             that waiving the 30-day operative delay                 public in accordance with the                            The Exchange proposes to extend the
                                             is consistent with the protection of                    provisions of 5 U.S.C. 552, will be                    operation of its SPXPM pilot program.
                                             investors and the public interest.                      available for website viewing and                      The text of the proposed rule change is
                                             Therefore, the Commission hereby                        printing in the Commission’s Public                    provided below.
                                             waives the operative delay and                          Reference Room, 100 F Street NE,                       (additions are italicized; deletions are
                                             designates the proposal as operative                    Washington, DC 20549 on official                       [bracketed])
                                             upon filing.24                                          business days between the hours of                     *    *     *      *     *
                                                At any time within 60 days of the                    10:00 a.m. and 3:00 p.m. Copies of such
                                             filing of the proposed rule change, the                 filing also will be available for                      Cboe Exchange, Inc. Rules
                                             Commission summarily may                                inspection and copying at the principal                *          *      *      *      *
                                             temporarily suspend such rule change if                 office of the Exchange. All comments
                                             it appears to the Commission that such                                                                         Rule 24.9. Terms of Index Option
                                                                                                     received will be posted without change.
                                             action is necessary or appropriate in the                                                                      Contracts
                                                                                                     Persons submitting comments are
                                             public interest, for the protection of                  cautioned that we do not redact or edit                   (No change).
                                             investors, or otherwise in furtherance of               personal identifying information from                  . . . Interpretations and Policies:
                                             the purposes of the Act. If the                         comment submissions. You should                           .01–.13 (No change).
                                             Commission takes such action, the                       submit only information that you wish                     .14 In addition to A.M.-settled
                                             Commission shall institute proceedings                  to make available publicly. All                        Standard & Poor’s 500 Stock Index
                                             to determine whether the proposed rule                  submissions should refer to File                       options approved for trading on the
                                             should be approved or disapproved.                      Number SR–BOX–2018–13, and should                      Exchange pursuant to Rule 24.9, the
                                             IV. Solicitation of Comments                            be submitted on or before May 30, 2018.                Exchange may also list options on the
                                               Interested persons are invited to                       For the Commission, by the Division of               S&P 500 Index whose exercise
                                             submit written data, views, and                         Trading and Markets, pursuant to delegated             settlement value is derived from closing
                                             arguments concerning the foregoing,                     authority.25                                           prices on the last trading day prior to
                                             including whether the proposed rule                     Eduardo A. Aleman,                                     expiration (P.M.-settled third Friday-of-
                                             change is consistent with the Act.                      Assistant Secretary.                                   the-month SPX options series). The
                                             Comments may be submitted by any of                     [FR Doc. 2018–09806 Filed 5–8–18; 8:45 am]             Exchange may also list options on the
                                             the following methods:                                  BILLING CODE 8011–01–P
                                                                                                                                                            Mini-SPX Index (‘‘XSP’’) whose exercise
                                                                                                                                                            settlement value is derived from closing
                                             Electronic Comments                                                                                            prices on the last trading day prior to
                                               • Use the Commission’s internet                       SECURITIES AND EXCHANGE                                expiration (‘‘P.M.-settled’’). P.M.-settled
                                             comment form (http://www.sec.gov/                       COMMISSION                                             third Friday-of-the-month SPX options
                                             rules/sro.shtml); or                                                                                           series and P.M.-settled XSP options will
                                               • Send an email to rule-comments@                     [Release No. 34–83166; File No. SR–CBOE–               be listed for trading for a pilot period
                                             sec.gov. Please include File Number SR–                 2018–036]                                              ending [May 3]November 5, 2018.
                                             BOX–2018–13 on the subject line.                                                                               *      *    *     *     *
                                                                                                     Self-Regulatory Organizations; Cboe                       The text of the proposed rule change
                                             Paper Comments
                                                                                                     Exchange, Inc.; Notice of Filing and                   is also available on the Exchange’s
                                               • Send paper comments in triplicate                   Immediate Effectiveness of a Proposed                  website (http://www.cboe.com/
                                             to Secretary, Securities and Exchange                   Rule Change To Extend the Operation                    AboutCBOE/
amozie on DSK3GDR082PROD with NOTICES




                                                                                                     of the SPXPM Pilot Program                             CBOELegalRegulatoryHome.aspx), at
                                               22 17  CFR 240.19b–4(f)(6).
                                                                                                                                                            the Exchange’s Office of the Secretary,
                                               23 17  CFR 240.19b–4(f)(6)(iii).                      May 3, 2018.
                                                24 For purposes only of waiving the 30-day
                                                                                                       Pursuant to Section 19(b)(1) of the                      1 15 U.S.C. 78s(b)(1).
                                             operative delay, the Commission has also                Securities Exchange Act of 1934 (the                       2 17 CFR 240.19b–4.
                                             considered the proposed rule’s impact on
                                                                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(iii).
                                             efficiency, competition, and capital formation. See
                                             15 U.S.C. 78c(f).                                         25 17   CFR 200.30–3(a)(12).                             4 17 CFR 240.19b–4(f)(6).




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                                                                           Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices                                                     21325

                                             and at the Commission’s Public                          hereby proposes to further extend the                 Finally, for series that exceed certain
                                             Reference Room.                                         end date of the pilot period to                       minimum parameters, the annual
                                                                                                     November 5, 2018.                                     reports contain the following analysis
                                             II. Self-Regulatory Organization’s
                                                                                                        During the course of the Pilot Program             related to index price changes and
                                             Statement of the Purpose of, and
                                                                                                     and in support of the extensions of the               underlying share trading volume at the
                                             Statutory Basis for, the Proposed Rule
                                                                                                     Pilot Program, the Exchange submits to                close on Expiration Fridays:
                                             Change
                                                                                                     the Securities and Exchange                              (1) A comparison of index price
                                                In its filing with the Commission, the               Commission (the ‘‘Commission’’)                       changes at the close of trading on a
                                             Exchange included statements                            reports regarding the Pilot Program that              given Expiration Friday with
                                             concerning the purpose of and basis for                 detail the Exchange’s experience with                 comparable price changes from a control
                                             the proposed rule change and discussed                  the Pilot Program, pursuant to the                    sample. The data includes a calculation
                                             any comments it received on the                         SPXPM Approval Order and the P.M.-                    of percentage price changes for various
                                             proposed rule change. The text of these                 settled XSP Approval Order.                           time intervals and compare that
                                             statements may be examined at the                       Specifically, the Exchange submits                    information to the respective control
                                             places specified in Item IV below. The                  annual Pilot Program reports to the                   sample. Raw percentage price change
                                             Exchange has prepared summaries, set                    Commission that contain an analysis of                data as well as percentage price change
                                             forth in sections A, B, and C below, of                 volume, open interest, and trading                    data normalized for prevailing market
                                             the most significant aspects of such                    patterns. The analysis examines trading               volatility, as measured by the Cboe
                                             statements.                                             in Pilot Products as well as trading in               Volatility Index (VIX), is provided; and
                                             A. Self-Regulatory Organization’s                       the securities that comprise the                         (2) a calculation of share volume for
                                             Statement of the Purpose of, and                        underlying index. Additionally, for                   a sample set of the component securities
                                             Statutory Basis for, the Proposed Rule                  series that exceed certain minimum                    representing an upper limit on share
                                             Change                                                  open interest parameters, the annual                  trading that could be attributable to
                                                                                                     reports provide analysis of index price               expiring in-the-money series. The data
                                             1. Purpose                                              volatility and share trading activity. The            includes a comparison of the calculated
                                                On February 8, 2013, the Exchange                    Exchange also submits periodic interim                share volume for securities in the
                                             received approval of a rule change that                 reports that contain some, but not all, of            sample set to the average daily trading
                                             established a Pilot Program that allows                 the information contained in the annual               volumes of those securities over a
                                             the Exchange to list options on the S&P                 reports. In providing the annual and                  sample period.
                                             500 Index whose exercise settlement                     periodic interim reports (the ‘‘pilot                 The minimum open interest parameters,
                                             value is derived from closing prices on                 reports’’) to the Commission, the                     control sample, time intervals, method
                                             the last trading day prior to expiration                Exchange has previously requested                     for randomly selecting the component
                                             (‘‘SPXPM’’).5 On July 31, 2013, the                     confidential treatment of the pilot                   securities, and sample periods are
                                             Exchange received approval of a rule                    reports under the Freedom of                          determined by the Exchange and the
                                             change that amended the Pilot Program                   Information Act (‘‘FOIA’’).9                          Commission. In proposing to extend the
                                             to allow the Exchange to list options on                   The pilot reports both contain the                 Pilot Program, the Exchange will
                                             the Mini-SPX Index (‘‘XSP’’) whose                      following volume and open interest                    continue to abide by the reporting
                                             exercise settlement value is derived                    data:                                                 requirements described herein, as well
                                             from closing prices on the last trading                    (1) Monthly volume aggregated for all              as in the SPXPM Approval Order and
                                             day prior to expiration (‘‘P.M.-settled’’) 6            trades;                                               the P.M.-settled XSP Approval Order.10
                                             (together, SPXPM and P.M.-settled XSP                      (2) monthly volume aggregated by                   Additionally, the Exchange will provide
                                             to be referred to herein as the ‘‘Pilot                 expiration date;                                      the Commission with any additional
                                             Products’’).7 The Exchange has                             (3) monthly volume for each                        data or analyses the Commission
                                             extended the pilot period four times,                   individual series;                                    requests because it deems such data or
                                             which is currently set to expire on the                    (4) month-end open interest                        analyses necessary to determine
                                             earlier of May 3, 2018 or the date on                   aggregated for all series;                            whether the Pilot Program is consistent
                                             which the pilot program is approved on                     (5) month-end open interest for all                with the Exchange Act. The Exchange
                                             a permanent basis.8 The Exchange                        series aggregated by expiration date; and             will make public all data and analyses
                                                5 See Securities Exchange Act Release No. 68888
                                                                                                        (6) month-end open interest for each               previously submitted to the Commission
                                             (February 8, 2013), 78 FR 10668 (February 14, 2013)
                                                                                                     individual series.                                    under the Pilot Program, as well as any
                                             (SR–CBOE–2012–120) (the ‘‘SPXPM Approval                   The annual reports also contain the                data and analyses it makes to the
                                             Order’’). Pursuant to Securities Exchange Act           information noted in Items (1) through                Commission under the Pilot Program in
                                             Release No. 80060 (February 17, 2017), 82 FR 11673      (6) above for Expiration Friday, A.M.-                the future.
                                             (February 24, 2017) (SR–CBOE–2016–091), the
                                             Exchange moved third-Friday P.M.-settled options
                                                                                                     settled, S&P 500 index options traded                    The Exchange proposes the extension
                                             into the S&P 500 Index options class, and as a          on Cboe Options, as well as the                       of the Pilot Program in order to continue
                                             result, the trading symbol for P.M.-settled S&P 500     following analysis of trading patterns in             to give the Commission more time to
                                             Index options that have standard third Friday-of-       the Pilot Products options series in the              consider the impact of the Pilot
                                             the-month expirations changed from ‘‘SPXPM’’ to
                                             ‘‘SPXW.’’ This change went into effect on May 1,        Pilot Program:                                        Program. To this point, Cboe Options
                                             2017, pursuant to Cboe Options Regulatory Circular         (1) A time series analysis of open                 believes that the Pilot Program has been
                                             RG17–054.                                               interest; and
                                                6 See Securities Exchange Act Release No. 70087
                                                                                                        (2) an analysis of the distribution of               10 Pursuant to Securities Exchange Act Release
                                             (July 31, 2013), 78 FR 47809 (August 6, 2013) (SR–
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                                                                                                     trade sizes.                                          No. 75914 (September 14, 2015), 80 FR 56522
                                             CBOE–2013–055) (the ‘‘P.M.-settled XSP Approval                                                               (September 18, 2015) (SR–CBOE–2015–079), the
                                             Order’’).                                                                                                     Exchange added SPXPM and P.M.-settled XSP
                                                7 For more information on the Pilot Products or      FR 62502 (October 17, 2014) (SR–CBOE–2014–076);       options to the list of products approved for trading
                                             the Pilot Program, see the SPXPM Approval Order         77573 (April 8, 2016), 81 FR 22148 (April 14, 2016)   during Extended Trading Hours (‘‘ETH’’). The
                                             and the P.M.-settled XSP Approval Order.                (SR–CBOE–2016–036); and 80386 (April 6, 2017),        Exchange will also include the applicable
                                                8 See Securities Exchange Act Release Nos. 71424     82 FR 17704 (April 12, 2017) (SR–CBOE–2017–           information regarding SPXPM and P.M.-settled XSP
                                             (January 28, 2014), 79 FR 6249 (February 3, 2014)       025).                                                 options that trade during ETH in its annual and
                                             (SR–CBOE–2014–004); 73338 (October 10, 2014), 79          9 5 U.S.C. 552.                                     interim reports.



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                                             21326                             Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices

                                             well-received by its Trading Permit                         P.M.-settled XSP, while also providing                effective pursuant to Section 19(b)(3)(A)
                                             Holders and the investing public, and                       the Commission further opportunity to                 of the Act 14 and Rule 19b–4(f)(6)(iii)
                                             the Exchange would like to continue to                      observe such trading of the Pilot                     thereunder.15
                                             provide investors with the ability to                       Products.                                                The Exchange has asked the
                                             trade SPXPM and P.M.-settled XSP                                                                                  Commission to waive the 30-day
                                                                                                         B. Self-Regulatory Organization’s
                                             options. All terms regarding the trading                                                                          operative delay so that the proposal may
                                                                                                         Statement on Burden on Competition
                                             of the Pilot Products shall continue to                                                                           become operative immediately upon
                                             operate as described in the SPXPM                              Cboe Options does not believe that                 filing. The Exchange states that waiver
                                             Approval Order and the P.M.-settled                         the proposed rule change will impose                  of the 30-day operative delay will allow
                                             XSP Approval Order. The Exchange                            any burden on competition that is not                 it to extend the Pilot Program prior to
                                             merely proposes herein to extend the                        necessary or appropriate in furtherance               its expiration on May 3, 2018, and
                                             term of the Pilot Program to November                       of the purposes of the Act. The                       maintain the status quo, thereby
                                             5, 2018.                                                    Exchange does not believe the                         reducing market disruption. The
                                                                                                         continuation of the Pilot Program will                Commission believes that waiving the
                                             2. Statutory Basis                                          impose any unnecessary or                             30-day operative delay is consistent
                                                The Exchange believes the proposed                       inappropriate burden on intramarket                   with the protection of investors and the
                                             rule change is consistent with the                          competition because it will continue to               public interest, as it will allow the Pilot
                                             Securities Exchange Act of 1934 (the                        apply equally to all Cboe Options                     Program to continue uninterrupted,
                                             ‘‘Act’’) [sic] and the rules and                            market participants, and the Pilot                    thereby avoiding investor confusion that
                                             regulations thereunder applicable to the                    Products will be available to all Cboe                could result from a temporary
                                             Exchange and, in particular, the                            Options market participants. The                      interruption in the Pilot Program. For
                                             requirements of Section 6(b) of the                         Exchange believes there is sufficient                 this reason, the Commission designates
                                             Act.11 Specifically, the Exchange                           investor interest and demand in the                   the proposed rule change to be operative
                                             believes the proposed rule change is                        Pilot Program to warrant its extension.               upon filing.16
                                             consistent with the Section 6(b)(5) 12                      The Exchange believes that, for the                      At any time within 60 days of the
                                             requirements that the rules of an                           period that the Pilot Program has been                filing of the proposed rule change, the
                                             exchange be designed to prevent                             in operation, it has provided investors               Commission summarily may
                                             fraudulent and manipulative acts and                        with desirable products with which to                 temporarily suspend such rule change if
                                             practices, to promote just and equitable                    trade. Furthermore, the Exchange                      it appears to the Commission that such
                                             principles of trade, to foster cooperation                  believes that it has not experienced any              action is necessary or appropriate in the
                                             and coordination with persons engaged                       adverse market effects or regulatory                  public interest, for the protection of
                                             in regulating, clearing, settling,                          concerns with respect to the Pilot                    investors, or otherwise in furtherance of
                                             processing information with respect to,                     Program. The Exchange further does not                the purposes of the Act.
                                             and facilitating transactions in                            believe that the proposed extension of
                                             securities, to remove impediments to                        the Pilot Program will impose any                     IV. Solicitation of Comments
                                             and perfect the mechanism of a free and                     burden on intermarket competition that                  Interested persons are invited to
                                             open market and a national market                           is not necessary or appropriate in                    submit written data, views and
                                             system, and, in general, to protect                         furtherance of the purposes of the Act                arguments concerning the foregoing,
                                             investors and the public interest.                          because it only applies to trading on                 including whether the proposal is
                                             Additionally, the Exchange believes the                     Cboe Options. To the extent that the                  consistent with the Act. Comments may
                                             proposed rule change is consistent with                     continued trading of the Pilot Products               be submitted by any of the following
                                             the Section 6(b)(5) 13 requirement that                     may make Cboe Options a more                          methods:
                                             the rules of an exchange not be designed                    attractive marketplace to market
                                             to permit unfair discrimination between                     participants at other exchanges, such                 Electronic Comments
                                             customers, issuers, brokers, or dealers.                    market participants may elect to become                 • Use the Commission’s internet
                                                In particular, the Exchange believes                     Cboe Options market participants.                     comment form (http://www.sec.gov/
                                             that the proposed extension of the Pilot                                                                          rules/sro.shtml); or
                                             Program will continue to provide greater                    C. Self-Regulatory Organization’s
                                                                                                         Statement on Comments on the                            • Send an email to rule-comments@
                                             opportunities for investors. Further, the                                                                         sec.gov. Please include File Number SR–
                                             Exchange believes that it has not                           Proposed Rule Change Received From
                                                                                                         Members, Participants, or Others                      CBOE –2018–036 on the subject line.
                                             experienced any adverse effects or
                                             meaningful regulatory concerns from                           The Exchange neither solicited nor                  Paper Comments
                                             the operation of the Pilot Program. As                      received comments on the proposed                       • Send paper comments in triplicate
                                             such, the Exchange believes that the                        rule change.                                          to Secretary, Securities and Exchange
                                             extension of the Pilot Program does not                     III. Date of Effectiveness of the                     Commission, 100 F Street NE,
                                             raise any unique or prohibitive                             Proposed Rule Change and Timing for                   Washington, DC 20549–1090.
                                             regulatory concerns. Also, the Exchange                     Commission Action
                                             believes that such trading has not, and                                                                             14 15  U.S.C. 78s(b)(3)(A).
                                             will not, adversely impact fair and                            Because the proposed rule change                     15 17  CFR 240.19b–4(f)(6)(iii). As required under
                                             orderly markets on Expiration Fridays                       does not (i) significantly affect the                 Rule 19b–4(f)(6)(iii), the Exchange provided the
                                             for the underlying stocks comprising the                    protection of investors or the public                 Commission with written notice of its intent to file
                                                                                                         interest; (ii) impose any significant                 the proposed rule change, along with a brief
                                             S&P 500 index. The extension of the
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                                                                                                                                                               description and the text of the proposed rule
                                             Pilot Program will continue to provide                      burden on competition; and (iii) become               change, at least five business days prior to the date
                                             investors with the opportunity to trade                     operative for 30 days from the date on                of filing of the proposed rule change, or such
                                             the desirable products of SPXPM and                         which it was filed, or such shorter time              shorter time as designated by the Commission.
                                                                                                                                                                  16 For purposes only of waiving the 30-day
                                                                                                         as the Commission may designate if
                                                                                                                                                               operative delay, the Commission has also
                                               11 15    U.S.C. 78f(b).                                   consistent with the protection of                     considered the proposed rule’s impact on
                                               12 15    U.S.C. 78f(b)(5).                                investors and the public interest, the                efficiency, competition, and capital formation. See
                                               13 Id.                                                    proposed rule change has become                       15 U.S.C. 78c(f).



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                                                                              Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Notices                                              21327

                                             All submissions should refer to File No.                  DATES:  Thursday, June 7, 2018, from                  DATE AND TIME:   Wednesday, June 6,
                                             SR–CBOE–2018–036. This file number                        9:00 a.m. to 4:00 p.m.                                2018, from 1:00 p.m. to 4:00 p.m.
                                             should be included on the subject line                    WHERE: Eisenhower Conference Room B,                  ADDRESSES: U.S. Small Business
                                             if email is used. To help the                             located on the concourse level.                       Administration, 409 3rd Street SW,
                                             Commission process and review your                        CONTACT INFO: (Teleconference Dial-in)                Washington, DC 20416. Where:
                                             comments more efficiently, please use                     1–888–858–2144, Access Code:                          Eisenhower Conference Room B, located
                                             only one method. The Commission will                      7805798; (Webinar) https://                           on the concourse level.
                                             post all comments on the Commission’s                     connect16.uc.att.com/sba/meet/                        CONTACT INFO: (Teleconference Dial-In)
                                             internet website (http://www.sec.gov/                     ?ExEventID=87805798; Access Code:                     1–888–858–2144, Access Code:
                                             rules/sro.shtml). Copies of the                           7805798.                                              7805798; (Webinar) https://
                                             submission, all subsequent                                                                                      connect16.uc.att.com/sba/meet/
                                                                                                       SUPPLEMENTARY INFORMATION: Pursuant
                                             amendments, all written statements                                                                              ?ExEventID=87805798; Access Code:
                                             with respect to the proposed rule                         to section 10(a)(2) of the Federal
                                                                                                                                                             7805798.
                                             change that are filed with the                            Advisory Committee Act (5 U.S.C.,
                                                                                                       Appendix 2), SBA announces the                        SUPPLEMENTARY INFORMATION: Pursuant
                                             Commission, and all written
                                                                                                       meeting of the Advisory Committee on                  to section 10(a)(2) of the Federal
                                             communications relating to the                                                                                  Advisory Committee Act (5 U.S.C.,
                                             proposed rule change between the                          Veterans Business Affairs (ACVBA). The
                                                                                                       ACVBA is established pursuant to 15                   Appendix 2), SBA announces the
                                             Commission and any person, other than                                                                           meeting of the Interagency Task Force
                                             those that may be withheld from the                       U.S.C. 657(b) note, and serves as an
                                                                                                       independent source of advice and                      on Veterans Small Business
                                             public in accordance with the                                                                                   Development (Task Force). The Task
                                             provisions of 5 U.S.C. 552, will be                       policy. The purpose of this meeting is
                                                                                                       to focus on strategic planning, updates               Force is established pursuant to
                                             available for website viewing and                                                                               Executive Order 13540 to coordinate the
                                             printing in the Commission’s Public                       on past and current events, and the
                                                                                                       ACVBA’s objectives for 2018.                          efforts of Federal agencies to improve
                                             Reference Room, 100 F Street NE,                                                                                capital, business development
                                             Washington, DC 20549, on official                            Additional Information: This meeting
                                                                                                       is open to the public. Advance notice of              opportunities, and pre-established
                                             business days between the hours of                                                                              federal contracting goals for small
                                             10:00 a.m. and 3:00 p.m. Copies of such                   attendance is requested. Anyone
                                                                                                       wishing to attend and/or make                         business concerns owned and
                                             filing will also be available for                                                                               controlled by veterans and service-
                                             inspection and copying at the principal                   comments to the ACVBA must contact
                                                                                                       SBA’s Office of Veterans Business                     disabled veterans.
                                             office of the Exchange. All comments                                                                               Moreover, the Task Force shall
                                             received will be posted without change.                   Development no later than June 1, 2018
                                                                                                       at veteransbusiness@sba.gov. Comments                 coordinate administrative and
                                             Persons submitting comments are                                                                                 regulatory activities and develop
                                             cautioned that we do not redact or edit                   for the record will be limited to five
                                                                                                       minutes to accommodate as many                        proposals relating to ‘‘six focus areas’’:
                                             personal identifying information from                                                                           (1) Improving capital access and
                                             comment submissions. You should                           participants as possible. Written
                                                                                                       comments should be sent to the above                  capacity of small business concerns
                                             submit only information that you wish                                                                           owned and controlled by veterans and
                                             to make available publicly. All                           by June 1, 2018. Special accommodation
                                                                                                       requests should also be directed to                   service-disabled veterans through loans,
                                             submissions should refer to File No.                                                                            surety bonding, and franchising; (2)
                                             SR–CBOE–2018–036 and should be                            SBA’s Office of Veterans Business
                                                                                                       Development at (202) 205–6773 or                      ensuring achievement of the pre-
                                             submitted on or before May 30, 2018.                                                                            established Federal contracting goals for
                                                                                                       veteransbusiness@sba.gov.
                                               For the Commission, by the Division of                     For more information on veteran                    small business concerns owned and
                                             Trading and Markets, pursuant to delegated                owned small business programs, please                 controlled by veterans and service
                                             authority.17                                              visit www.sba.gov/veterans.                           disabled veterans through expanded
                                             Eduardo A. Aleman,                                                                                              mentor-protégé assistance and matching
                                                                                                         Dated: May 3, 2018.
                                             Assistant Secretary.                                                                                            such small business concerns with
                                                                                                       John Woodard,                                         contracting opportunities; (3) increasing
                                             [FR Doc. 2018–09830 Filed 5–8–18; 8:45 am]
                                                                                                       SBA Committee Management Officer.                     the integrity of certifications of status as
                                             BILLING CODE 8011–01–P
                                                                                                       [FR Doc. 2018–09824 Filed 5–8–18; 8:45 am]            a small business concern owned and
                                                                                                       BILLING CODE P                                        controlled by a veteran or service-
                                                                                                                                                             disabled veteran; (4) reducing
                                             SMALL BUSINESS ADMINISTRATION
                                                                                                                                                             paperwork and administrative burdens
                                                                                                       SMALL BUSINESS ADMINISTRATION                         on veterans in accessing business
                                             Meeting of the Advisory Committee on
                                             Veterans Business Affairs                                                                                       development and entrepreneurship
                                                                                                       Meeting of the Interagency Task Force                 opportunities; (5) increasing and
                                             AGENCY: U.S. Small Business                               on Veterans Small Business                            improving training and counseling
                                             Administration.                                           Development                                           services provided to small business
                                             ACTION: Notice of open Federal Advisory                   AGENCY:  U.S. Small Business                          concerns owned and controlled by
                                             Committee Meeting.                                        Administration.                                       veterans; and (6) making other
                                                                                                       ACTION: Notice of open Federal                        improvements relating to the support for
                                             SUMMARY:   The U.S. Small Business                        Interagency Task Force meeting.                       veterans business development by the
                                             Administration (SBA) is issuing this                                                                            Federal Government.
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                                             notice to announce the location, date,                    SUMMARY:   The U.S. Small Business                       Additional Information: This meeting
                                             time, and agenda for the next meeting of                  Administration (SBA) is issuing this                  is open to the public. Advance notice of
                                             the Advisory Committee on Veterans                        notice to announce the location, date,                attendance is requested. Anyone
                                             Business Affairs. The meeting is open to                  time and agenda for the next meeting of               wishing to attend and/or make
                                             the public.                                               the Interagency Task Force on Veterans                comments to the Task Force must
                                                                                                       Small Business Development. The                       contact SBA’s Office of Veterans
                                               17 17   CFR 200.30–3(a)(12).                            meeting is open to the public.                        Business Development no later than


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Document Created: 2018-05-09 03:17:21
Document Modified: 2018-05-09 03:17:21
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 21324 

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