83_FR_22644 83 FR 22550 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Order Approving a Proposed Rule Change Relating to Flexibly Structured Options

83 FR 22550 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Order Approving a Proposed Rule Change Relating to Flexibly Structured Options

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22550-22552
FR Document2018-10272

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22550-22552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10272]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83205; File No. SR-CBOE-2018-008]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Order 
Approving a Proposed Rule Change Relating to Flexibly Structured 
Options

May 9, 2018.

I. Introduction

    On January 18, 2018, Cboe Exchange, Inc. (``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change amending Cboe Options's rules relating to the 
fungibility of Flexible Exchange Options (``FLEX Options''). The 
proposed rule change was published for comment in the Federal Register 
on February 8, 2018.\3\ On March 23, 2018, the Commission designated a 
longer period within which to approve the proposed rule change, 
disapprove the proposed rule change, or institute proceedings to 
determine whether the proposed rule change should be disapproved.\4\ 
The Commission received no comment letters on the proposed rule change. 
This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82622 (Feb. 2, 
2018), 83 FR 5668 (Feb. 8, 2018) (``Notice'').
    \4\ See Securities Exchange Act Release No. 82936 (Mar. 23, 
2018), 83 FR 13552 (Mar. 29, 2018).
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II. Description of the Proposed Rule Change

    In its filing, the Exchange proposed to amend Interpretation and 
Policy .02 to Rule 24A.4, which sets forth requirements relating to a 
FLEX Option that has the same terms as a Non-FLEX Option.\5\
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    \5\ See Cboe Options Rule 24A.1(q).
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    First, Cboe Options has proposed to amend the rule to make all FLEX 
Options fungible with Non-FLEX Options that have identical terms.\6\ 
Currently, FLEX Options that have quarterly expirations,\7\ short term 
expirations,\8\ weekly expirations,\9\ and End of Month (``EOM'') 
expirations \10\ are not fungible with Non-FLEX Options with identical 
terms.\11\ The OCC

[[Page 22551]]

currently prohibits fungibility in quarterly and short-term 
options,\12\ so, as described in more detail below, Cboe Options 
proposes to delay the effectiveness of this proposed rule change to 
allow time for OCC to amend its bylaws.
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    \6\ See proposed Cboe Options Rule 24A.4.02(a) (`[t]his 
Interpretation and Policy shall apply to all FLEX Options'').
    \7\ See Cboe Options Rules 5.5(e), 24.9(a)(2)(B), and 24.9(c).
    \8\ See Cboe Options Rules 5.5(d) and 24.9(a)(2)(A).
    \9\ See Cboe Options Rule 24.9(e). These are currently traded 
pursuant to the Nonstandard Expirations Pilot Program.
    \10\ Id. These are also traded pursuant to the Nonstandard 
Expiration Pilot Program.
    \11\ Cboe Options states in its proposal that FLEX Options with 
these expirations were not originally intended to be fungible. See 
Securities Exchange Release Act Nos. 62658 (August 5, 2010), 75 FR 
49010, 49011 n.8 (August 12, 2010) (SR-CBOE-2009-075) (notice). The 
notice states that FLEX Options do not become fungible with 
subsequently introduced Non-FLEX structured quarterly and short term 
options, and that they will not be with End of Week (``EOW'') and 
EOM expirations because of their similarities to the quarterly and 
short term options. EOW expirations are now called weekly 
expirations as Cboe Options Rule 24.9(e) was amended to include 
Monday and Wednesday expirations. See also Securities Exchange 
Release Act No. 62911 (September 14, 2010), 75 FR 57539 (September 
21, 2010) (SR-CBOE-2009-075) (approval order).
    \12\ See Article I of OCC By-Laws.
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    Second, the Exchange has proposed to clarify that if the expiration 
date is an Exchange holiday, Cboe Options Rule 24A.4.02 shall designate 
the previous business day as the expiration date.\13\ However, for 
weekly expirations that expire on a Monday that is an Exchange 
holiday,\14\ Cboe Options Rule 24A.4.02 shall designate the business 
day that immediately follows the Exchange holiday as the expiration 
date.\15\ According to the Exchange, the proposed rule is designed to 
clarify that when the expiration of a Non-FLEX Option is moved to the 
business day immediately before (or after) the Exchange holiday, the 
FLEX Option that also expires on the day before (or after) will be 
fungible with the Non-FLEX Option.\16\
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    \13\ See Proposed Cboe Options Rule 24A.4.02(a).
    \14\ See Cboe Options Rule 24.9(e)(1).
    \15\ See Proposed Cboe Options Rule 24A.4.02(a).
    \16\ See Notice, supra note 3, at 5669.
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    Third, Cboe Options has proposed to clarify that in the event a 
Non-FLEX American-style series is added intra-day, a FLEX position is 
permitted to be closed using FLEX trading procedures for the balance of 
the trading day on which the Non-FLEX series is added against another 
closing only FLEX position.\17\ The Exchange notes that when it was 
adopted, the Exchange intended to limit this provision to American-
style exercises. According to the Exchange, American-style options face 
assignment risk because when a Non-FLEX Option is listed, the OCC 
cannot net the positions of the Non-FLEX Option and the FLEX Option 
with identical terms until the next business day.\18\
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    \17\ See proposed Cboe Options Rule 24A.4.02(b).
    \18\ See Notice, supra note 3, at 5669 n.7. See also Securities 
Exchange Act Release No. 62870 (September 8, 2010), 75 FR 56147 
(September 15, 2010) (SR-CBOE-2010-078) (stating that there is 
assignment risk for American-style options only). The Commission 
notes that an American-style option may be exercised at any time 
during its life, whereas, a European-style option may only be 
exercised at the end of its life.
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    Fourth, the Exchange has proposed several non-substantive changes 
that are designed to make the text easier to read. The Exchange 
believes that such changes will clarify that the fungibility provisions 
apply to FLEX Options series with terms identical to the terms of a 
Non-FLEX Options series.\19\
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    \19\ See Notice, supra note 3, at 5669.
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    Finally, the proposed rule text provides that the Exchange's 
current rule will remain in effect until the effective date specified 
by the Exchange in a Regulatory Circular.\20\ The Regulatory Circular 
announcing the effective date shall be issued at least 30 days prior to 
the effective date \21\ and such effective date shall be no later than 
July 31, 2018.\22\ As noted in Cboe Options's proposal,\23\ the delayed 
effectiveness is intended to allow OCC time to amend its bylaws to 
eliminate its current restriction on fungibility of certain options.
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    \20\ Id. at 5670.
    \21\ Id.
    \22\ Id.
    \23\ Id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act \24\ and the 
rules and regulations thereunder applicable to a national securities 
exchange.\25\ In particular, the Commission finds that the proposed 
rule change is consistent with Section 6(b)(5) of the Act,\26\ which 
requires 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.
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    \24\ 15 U.S.C. 78f.
    \25\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \26\ 15 U.S.C. 78f(b)(5).
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    The Commission notes that the rules concerning the fungibility of 
certain FLEX Options and Non-FLEX Options were previously approved by 
the Commission.\27\ The proposed rule change extends fungibility to 
quarterly expirations, short term expirations, and, to the nonstandard 
expiration pilot program weekly and EOM expirations. The Commission 
believes that amending Rule 24A.4.02 to allow these additional FLEX 
Options to become fungible with standardized options with identical 
terms could result in some benefits to FLEX Options participants in 
that it may potentially increase the liquidity available to traders of 
FLEX Options. As the Exchange noted in its rule proposal, this is 
because there are more market participants in the Non-FLEX Options and 
thus there is potentially more liquidity available to market 
participants with FLEX Options that will be able to exit their FLEX 
Options positions in the standardized Non-FLEX Option market.\28\
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    \27\ See Securities Exchange Act Release No. 59417 (Feb. 18, 
2009), 74 FR 8591 (Feb. 25, 2009) (SR-CBOE-2009-115).
    \28\ See Notice, supra note 3, at 5670.
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    Because FLEX Options in quarterly, short term, weekly, and EOM 
expirations are not fungible with their Non-FLEX counterparts, parallel 
markets in these expirations exist--one FLEX and one Non-FLEX. The 
Commission previously stated that it is concerned that FLEX Options 
could act as a surrogate for trading in standardized options.\29\ The 
Commission recognizes that the FLEX Options market is designed to 
combine the benefits of an auction market with the features of 
negotiated transactions, and therefore continuous quotes may not always 
be available. Permitting more expirations in FLEX Options to be 
fungible with their Non-FLEX counterparts could help to ensure that 
market participants cannot avoid the protections provided to investors 
in the standardized market for these expirations by trading FLEX 
Options. Specifically, once a Non-FLEX series is open for trading, new 
FLEX Options are not permitted in that series. In addition, once a Non-
FLEX Options series is open, all outstanding FLEX Options in the same 
series become fungible with Non-FLEX Options in the standardized 
market, are traded pursuant to standardized market trading rules, and 
are aggregated for position and exercise limit purposes. Allowing these 
FLEX Options to be fungible with their Non-FLEX counterparts could 
potentially address some of these surrogacy concerns.
---------------------------------------------------------------------------

    \29\ See 74 FR at 8593.
---------------------------------------------------------------------------

    Nevertheless, the FLEX market was originally intended to allow 
customization of option terms that were not available in the 
standardized options. While this has evolved over time with the current 
fungibility provisions, as the additional classes of options noted 
above are allowed to become fungible with identical term standardized 
options, some of which have much shorter terms to expiration, we expect 
the Exchange to carefully monitor the fungible FLEX Options (and 
standardized options counterparts) to ensure that they are not being 
used in a way to trade ahead and/or gain an advantage over other market 
participants prior to the standardized

[[Page 22552]]

options becoming available to all market participants.
    Furthermore, the Commission expects the Cboe Options to report any 
undue effects that may occur as a result of these fungibility rule 
changes, including taking prompt action should any unanticipated 
consequences occur. The Commission also expects, prior to the effective 
date of the new rule, the Exchange to address whether additional 
position limit aggregation rules should be adopted prior to the rule's 
delayed implementation date. We note that currently the FLEX rules 
require that certain FLEX Options positions be aggregated with the 
position limits in the standardized market.\30\
---------------------------------------------------------------------------

    \30\ See Cboe Options Rule 24A.7, concerning FLEX position 
limits and reporting requirements.
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    The Commission believes that the remaining proposed changes will 
help protect investors and the public interest by providing clarity and 
transparency to the rules. The proposed rule text regarding Exchange 
holidays will clarify the fungibility of FLEX Options with expiration 
dates on Exchange holidays and are consistent with the expiration of 
the same standardized options on Exchange holidays. Amending the intra-
day add provision to state that it applies solely to American-style 
expirations will codify in the rule text the Exchange's original intent 
with respect to this provision. Further, the other non-substantive, 
clarifying changes will make the rule easier to read and understand.
    Finally, as noted above the Exchange cannot actually implement this 
rule change immediately because OCC bylaws currently restrict 
fungibility of quarterly and short term options. The Commission 
believes that the delayed implementation date of July 31, 2018 should 
provide OCC with time to consider fungibility in quarterly and short-
term options and determine whether to amend the OCC By-laws to 
accommodate the changes being adopted by the Exchange. The Exchange has 
also committed to announce the implementation of the change at least 30 
days prior to the effective date pursuant to a Regulatory Circular, 
which should provide adequate advance notice to market participants. To 
the extent OCC is not able to implement a bylaw change at or prior to 
the July 31, 2018, we would expect the Exchange to amend its rules or 
extend the implementation date.
    For the reasons above, the Commission finds that the proposed rule 
change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\31\ that the proposed rule change (SR-CBOE-2018-008) be, and 
hereby is, approved.
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    \31\ 15 U.S.C. 78s(b)(2).
    \32\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\32\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10272 Filed 5-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               22550                             Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                               standing in the financial markets. The                     All submissions should refer to File                   Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                               Exchange believes that fees for                            Number SR–C2–2018–006. This file                       19b–4 thereunder,2 a proposed rule
                                               connectivity are constrained by the                        number should be included on the                       change amending Cboe Options’s rules
                                               robust competition for order flow among                    subject line if email is used. To help the             relating to the fungibility of Flexible
                                               exchanges and non-exchange markets.                        Commission process and review your                     Exchange Options (‘‘FLEX Options’’).
                                               Further, excessive fees for connectivity,                  comments more efficiently, please use                  The proposed rule change was
                                               would serve to impair an exchange’s                        only one method. The Commission will                   published for comment in the Federal
                                               ability to compete for order flow rather                   post all comments on the Commission’s                  Register on February 8, 2018.3 On
                                               than burdening competition. The                            internet website (http://www.sec.gov/                  March 23, 2018, the Commission
                                               Exchange also does not believe the                         rules/sro.shtml). Copies of the                        designated a longer period within which
                                               proposed rule change would impact                          submission, all subsequent                             to approve the proposed rule change,
                                               intramarket competition as it would                        amendments, all written statements                     disapprove the proposed rule change, or
                                               apply to all TPHs and non-TPHs                             with respect to the proposed rule                      institute proceedings to determine
                                               equally.                                                   change that are filed with the                         whether the proposed rule change
                                                                                                          Commission, and all written                            should be disapproved.4 The
                                               C. Self-Regulatory Organization’s                          communications relating to the                         Commission received no comment
                                               Statement on Comments on the                               proposed rule change between the                       letters on the proposed rule change.
                                               Proposed Rule Change Received From                         Commission and any person, other than                  This order approves the proposed rule
                                               Members, Participants, or Others                           those that may be withheld from the                    change.
                                                 The Exchange neither solicited nor                       public in accordance with the
                                                                                                                                                                 II. Description of the Proposed Rule
                                               received comments on the proposed                          provisions of 5 U.S.C. 552, will be
                                                                                                                                                                 Change
                                               rule change.                                               available for website viewing and
                                                                                                          printing in the Commission’s Public                       In its filing, the Exchange proposed to
                                               III. Date of Effectiveness of the                          Reference Room, 100 F Street NE,                       amend Interpretation and Policy .02 to
                                               Proposed Rule Change and Timing for                        Washington, DC 20549, on official                      Rule 24A.4, which sets forth
                                               Commission Action                                          business days between the hours of                     requirements relating to a FLEX Option
                                                  The foregoing rule change has become                    10:00 a.m. and 3:00 p.m. Copies of the                 that has the same terms as a Non-FLEX
                                               effective pursuant to Section 19(b)(3)(A)                  filing also will be available for                      Option.5
                                               of the Act 19 and paragraph (f) of Rule                    inspection and copying at the principal                   First, Cboe Options has proposed to
                                               19b–4 20 thereunder. At any time within                    office of the Exchange. All comments                   amend the rule to make all FLEX
                                               60 days of the filing of the proposed rule                 received will be posted without change.                Options fungible with Non-FLEX
                                               change, the Commission summarily may                       Persons submitting comments are                        Options that have identical terms.6
                                               temporarily suspend such rule change if                    cautioned that we do not redact or edit                Currently, FLEX Options that have
                                               it appears to the Commission that such                     personal identifying information from                  quarterly expirations,7 short term
                                               action is necessary or appropriate in the                  comment submissions. You should                        expirations,8 weekly expirations,9 and
                                               public interest, for the protection of                     submit only information that you wish                  End of Month (‘‘EOM’’) expirations 10
                                               investors, or otherwise in furtherance of                  to make available publicly. All                        are not fungible with Non-FLEX Options
                                               the purposes of the Act. If the                            submissions should refer to File                       with identical terms.11 The OCC
                                               Commission takes such action, the                          Number SR–C2–2018–006 and should
                                                                                                                                                                   1 15  U.S.C. 78s(b)(1).
                                               Commission will institute proceedings                      be submitted on or before June 5, 2018.                  2 17  CFR 240.19b–4.
                                               to determine whether the proposed rule                       For the Commission, by the Division of                  3 See Securities Exchange Act Release No. 82622
                                               change should be approved or                               Trading and Markets, pursuant to delegated             (Feb. 2, 2018), 83 FR 5668 (Feb. 8, 2018) (‘‘Notice’’).
                                               disapproved.                                               authority.21                                              4 See Securities Exchange Act Release No. 82936

                                                                                                          Eduardo A. Aleman,                                     (Mar. 23, 2018), 83 FR 13552 (Mar. 29, 2018).
                                               IV. Solicitation of Comments                                                                                         5 See Cboe Options Rule 24A.1(q).
                                                                                                          Assistant Secretary.                                      6 See proposed Cboe Options Rule 24A.4.02(a)
                                                 Interested persons are invited to                        [FR Doc. 2018–10261 Filed 5–14–18; 8:45 am]            (‘[t]his Interpretation and Policy shall apply to all
                                               submit written data, views, and                            BILLING CODE 8011–01–P                                 FLEX Options’’).
                                               arguments concerning the foregoing,                                                                                  7 See Cboe Options Rules 5.5(e), 24.9(a)(2)(B), and

                                               including whether the proposed rule                                                                               24.9(c).
                                               change is consistent with the Act.                         SECURITIES AND EXCHANGE
                                                                                                                                                                    8 See Cboe Options Rules 5.5(d) and 24.9(a)(2)(A).
                                                                                                                                                                    9 See Cboe Options Rule 24.9(e). These are
                                               Comments may be submitted by any of                        COMMISSION                                             currently traded pursuant to the Nonstandard
                                               the following methods:                                                                                            Expirations Pilot Program.
                                                                                                          [Release No. 34–83205; File No. SR–CBOE–
                                                                                                                                                                    10 Id. These are also traded pursuant to the
                                               Electronic Comments                                        2018–008]
                                                                                                                                                                 Nonstandard Expiration Pilot Program.
                                                 • Use the Commission’s internet                          Self-Regulatory Organizations; Cboe
                                                                                                                                                                    11 Cboe Options states in its proposal that FLEX

                                               comment form (http://www.sec.gov/                          Exchange, Inc.; Order Approving a
                                                                                                                                                                 Options with these expirations were not originally
                                               rules/sro.shtml); or                                                                                              intended to be fungible. See Securities Exchange
                                                                                                          Proposed Rule Change Relating to                       Release Act Nos. 62658 (August 5, 2010), 75 FR
                                                 • Send an email to rule-comments@                        Flexibly Structured Options                            49010, 49011 n.8 (August 12, 2010) (SR–CBOE–
                                               sec.gov. Please include File Number SR–                                                                           2009–075) (notice). The notice states that FLEX
                                               C2–2018–006 on the subject line.                           May 9, 2018.                                           Options do not become fungible with subsequently
                                                                                                                                                                 introduced Non-FLEX structured quarterly and
                                               Paper Comments                                             I. Introduction                                        short term options, and that they will not be with
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                                 End of Week (‘‘EOW’’) and EOM expirations
                                                 • Send paper comments in triplicate                         On January 18, 2018, Cboe Exchange,                 because of their similarities to the quarterly and
                                               to Secretary, Securities and Exchange                      Inc. (‘‘Exchange’’ or ‘‘Cboe Options’’)                short term options. EOW expirations are now called
                                               Commission, 100 F Street NE,                               filed with the Securities and Exchange                 weekly expirations as Cboe Options Rule 24.9(e)
                                                                                                          Commission (‘‘Commission’’), pursuant                  was amended to include Monday and Wednesday
                                               Washington, DC 20549–1090.                                                                                        expirations. See also Securities Exchange Release
                                                                                                          to Section 19(b)(1) of the Securities                  Act No. 62911 (September 14, 2010), 75 FR 57539
                                                 19 15   U.S.C. 78s(b)(3)(A).                                                                                    (September 21, 2010) (SR–CBOE–2009–075)
                                                 20 17   CFR 240.19b–4(f).                                  21 17   CFR 200.30–3(a)(12).                         (approval order).



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                                                                               Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                                          22551

                                               currently prohibits fungibility in                         Finally, the proposed rule text                        the Exchange noted in its rule proposal,
                                               quarterly and short-term options,12 so,                 provides that the Exchange’s current                      this is because there are more market
                                               as described in more detail below, Cboe                 rule will remain in effect until the                      participants in the Non-FLEX Options
                                               Options proposes to delay the                           effective date specified by the Exchange                  and thus there is potentially more
                                               effectiveness of this proposed rule                     in a Regulatory Circular.20 The                           liquidity available to market
                                               change to allow time for OCC to amend                   Regulatory Circular announcing the                        participants with FLEX Options that
                                               its bylaws.                                             effective date shall be issued at least 30                will be able to exit their FLEX Options
                                                  Second, the Exchange has proposed to                 days prior to the effective date 21 and                   positions in the standardized Non-FLEX
                                               clarify that if the expiration date is an               such effective date shall be no later than                Option market.28
                                               Exchange holiday, Cboe Options Rule                     July 31, 2018.22 As noted in Cboe                            Because FLEX Options in quarterly,
                                               24A.4.02 shall designate the previous                   Options’s proposal,23 the delayed                         short term, weekly, and EOM
                                               business day as the expiration date.13                  effectiveness is intended to allow OCC                    expirations are not fungible with their
                                               However, for weekly expirations that                    time to amend its bylaws to eliminate its                 Non-FLEX counterparts, parallel
                                               expire on a Monday that is an Exchange                  current restriction on fungibility of                     markets in these expirations exist—one
                                               holiday,14 Cboe Options Rule 24A.4.02                   certain options.                                          FLEX and one Non-FLEX. The
                                               shall designate the business day that                                                                             Commission previously stated that it is
                                               immediately follows the Exchange                        III. Discussion and Commission
                                                                                                       Findings                                                  concerned that FLEX Options could act
                                               holiday as the expiration date.15                                                                                 as a surrogate for trading in
                                               According to the Exchange, the                             After careful review, the Commission                   standardized options.29 The
                                               proposed rule is designed to clarify that               finds that the proposed rule change is
                                                                                                                                                                 Commission recognizes that the FLEX
                                               when the expiration of a Non-FLEX                       consistent with the requirements of the
                                                                                                                                                                 Options market is designed to combine
                                               Option is moved to the business day                     Act 24 and the rules and regulations
                                                                                                                                                                 the benefits of an auction market with
                                               immediately before (or after) the                       thereunder applicable to a national
                                                                                                                                                                 the features of negotiated transactions,
                                               Exchange holiday, the FLEX Option that                  securities exchange.25 In particular, the
                                                                                                                                                                 and therefore continuous quotes may
                                               also expires on the day before (or after)               Commission finds that the proposed
                                                                                                                                                                 not always be available. Permitting more
                                               will be fungible with the Non-FLEX                      rule change is consistent with Section
                                                                                                                                                                 expirations in FLEX Options to be
                                               Option.16                                               6(b)(5) of the Act,26 which requires that
                                                                                                                                                                 fungible with their Non-FLEX
                                                  Third, Cboe Options has proposed to                  the rules of an exchange be designed to
                                                                                                                                                                 counterparts could help to ensure that
                                               clarify that in the event a Non-FLEX                    prevent fraudulent and manipulative
                                                                                                       acts and practices, to promote just and                   market participants cannot avoid the
                                               American-style series is added intra-
                                                                                                       equitable principles of trade, to foster                  protections provided to investors in the
                                               day, a FLEX position is permitted to be
                                                                                                       cooperation and coordination with                         standardized market for these
                                               closed using FLEX trading procedures
                                                                                                       persons engaged in regulating, clearing,                  expirations by trading FLEX Options.
                                               for the balance of the trading day on
                                                                                                       settling, processing information with                     Specifically, once a Non-FLEX series is
                                               which the Non-FLEX series is added
                                                                                                       respect to, and facilitating transactions                 open for trading, new FLEX Options are
                                               against another closing only FLEX
                                                                                                       in securities, to remove impediments to                   not permitted in that series. In addition,
                                               position.17 The Exchange notes that
                                                                                                       and perfect the mechanism of a free and                   once a Non-FLEX Options series is
                                               when it was adopted, the Exchange
                                                                                                       open market and a national market                         open, all outstanding FLEX Options in
                                               intended to limit this provision to
                                                                                                       system, and, in general, to protect                       the same series become fungible with
                                               American-style exercises. According to
                                                                                                       investors and the public interest.                        Non-FLEX Options in the standardized
                                               the Exchange, American-style options
                                                                                                          The Commission notes that the rules                    market, are traded pursuant to
                                               face assignment risk because when a
                                                                                                       concerning the fungibility of certain                     standardized market trading rules, and
                                               Non-FLEX Option is listed, the OCC
                                                                                                       FLEX Options and Non-FLEX Options                         are aggregated for position and exercise
                                               cannot net the positions of the Non-
                                                                                                       were previously approved by the                           limit purposes. Allowing these FLEX
                                               FLEX Option and the FLEX Option with
                                                                                                       Commission.27 The proposed rule                           Options to be fungible with their Non-
                                               identical terms until the next business
                                                                                                       change extends fungibility to quarterly                   FLEX counterparts could potentially
                                               day.18
                                                                                                       expirations, short term expirations, and,                 address some of these surrogacy
                                                  Fourth, the Exchange has proposed
                                                                                                       to the nonstandard expiration pilot                       concerns.
                                               several non-substantive changes that are
                                               designed to make the text easier to read.               program weekly and EOM expirations.                          Nevertheless, the FLEX market was
                                               The Exchange believes that such                         The Commission believes that amending                     originally intended to allow
                                               changes will clarify that the fungibility               Rule 24A.4.02 to allow these additional                   customization of option terms that were
                                               provisions apply to FLEX Options series                 FLEX Options to become fungible with                      not available in the standardized
                                               with terms identical to the terms of a                  standardized options with identical                       options. While this has evolved over
                                               Non-FLEX Options series.19                              terms could result in some benefits to                    time with the current fungibility
                                                                                                       FLEX Options participants in that it                      provisions, as the additional classes of
                                                 12 See Article I of OCC By-Laws.                      may potentially increase the liquidity                    options noted above are allowed to
                                                 13 See Proposed Cboe Options Rule 24A.4.02(a).        available to traders of FLEX Options. As                  become fungible with identical term
                                                 14 See Cboe Options Rule 24.9(e)(1).                                                                            standardized options, some of which
                                                 15 See Proposed Cboe Options Rule 24A.4.02(a).          20 Id.   at 5670.                                       have much shorter terms to expiration,
                                                                                                         21 Id.
                                                 16 See Notice, supra note 3, at 5669.
                                                                                                                                                                 we expect the Exchange to carefully
                                                 17 See proposed Cboe Options Rule 24A.4.02(b).          22 Id.
                                                                                                         23 Id.
                                                                                                                                                                 monitor the fungible FLEX Options (and
                                                 18 See Notice, supra note 3, at 5669 n.7. See also
                                                                                                                                                                 standardized options counterparts) to
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                                               Securities Exchange Act Release No. 62870                 24 15 U.S.C. 78f.
                                               (September 8, 2010), 75 FR 56147 (September 15,           25 Inapproving this proposed rule change, the           ensure that they are not being used in
                                               2010) (SR–CBOE–2010–078) (stating that there is         Commission has considered the proposed rule’s             a way to trade ahead and/or gain an
                                               assignment risk for American-style options only).       impact on efficiency, competition, and capital            advantage over other market
                                               The Commission notes that an American-style             formation. See 15 U.S.C. 78c(f).                          participants prior to the standardized
                                               option may be exercised at any time during its life,      26 15 U.S.C. 78f(b)(5).

                                               whereas, a European-style option may only be              27 See Securities Exchange Act Release No. 59417
                                               exercised at the end of its life.                       (Feb. 18, 2009), 74 FR 8591 (Feb. 25, 2009) (SR–            28 See   Notice, supra note 3, at 5670.
                                                 19 See Notice, supra note 3, at 5669.                 CBOE–2009–115).                                             29 See   74 FR at 8593.



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                                               22552                          Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                               options becoming available to all market                IV. Conclusion                                        the proposed rule change and discussed
                                               participants.                                             It is therefore ordered, pursuant to                any comments it received on the
                                                  Furthermore, the Commission expects                  Section 19(b)(2) of the Act,31 that the               proposed rule change. The text of these
                                               the Cboe Options to report any undue                    proposed rule change (SR–CBOE–2018–                   statements may be examined at the
                                               effects that may occur as a result of                   008) be, and hereby is, approved.                     places specified in Item IV below. The
                                               these fungibility rule changes, including                                                                     Exchange has prepared summaries, set
                                                                                                         For the Commission, by the Division of
                                               taking prompt action should any                                                                               forth in sections A, B, and C below, of
                                                                                                       Trading and Markets, pursuant to delegated
                                               unanticipated consequences occur. The                   authority.32                                          the most significant aspects of such
                                               Commission also expects, prior to the                   Eduardo A. Aleman,
                                                                                                                                                             statements.
                                               effective date of the new rule, the                     Assistant Secretary.                                  A. Self-Regulatory Organization’s
                                               Exchange to address whether additional                  [FR Doc. 2018–10272 Filed 5–14–18; 8:45 am]           Statement of the Purpose of, and the
                                               position limit aggregation rules should                 BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                               be adopted prior to the rule’s delayed                                                                        Change
                                               implementation date. We note that
                                               currently the FLEX rules require that                                                                         1. Purpose
                                                                                                       SECURITIES AND EXCHANGE
                                               certain FLEX Options positions be                       COMMISSION                                              The Exchange proposes to
                                               aggregated with the position limits in                                                                        memorialize its order and execution
                                                                                                       [Release No. 34–83199; File No. SR–BX–
                                               the standardized market.30                                                                                    information into Chapter VI, Section 19,
                                                                                                       2018–016]
                                                  The Commission believes that the                                                                           entitled ‘‘Data Feeds.’’ The Exchange
                                               remaining proposed changes will help                    Self-Regulatory Organizations; Nasdaq                 proposes to rename this rule ‘‘Data
                                               protect investors and the public interest               BX, Inc.; Notice of Filing and                        Feeds and Trade Information.’’ The
                                               by providing clarity and transparency to                Immediate Effectiveness of a Proposed                 Exchange proposes other grammatical
                                               the rules. The proposed rule text                       Rule Change To Memorialize Its Order                  corrections in Section 19(a) as well.
                                               regarding Exchange holidays will clarify                and Execution Information Into                        Section 19(b)
                                               the fungibility of FLEX Options with                    Chapter VI, Section 19, Entitled Data
                                               expiration dates on Exchange holidays                   Feeds                                                    First, the Exchange proposes to adopt
                                               and are consistent with the expiration of                                                                     a new Section 19(b) and memorialize
                                                                                                       May 9, 2018.                                          the following order and execution
                                               the same standardized options on
                                                                                                          Pursuant to Section 19(b)(1) of the                information which were previously filed
                                               Exchange holidays. Amending the intra-                  Securities Exchange Act of 1934 (the
                                               day add provision to state that it applies                                                                    by the Exchange: (1) CTI; 3 (2)
                                                                                                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2                TradeInfo 4; and (3) FIX DROP.5
                                               solely to American-style expirations                    notice is hereby given that on April 27,
                                               will codify in the rule text the                                                                                 The Exchange originally noted in the
                                                                                                       2018, Nasdaq BX, Inc. (‘‘BX’’ or                      CTI and FIX DROP Filing that CTI offers
                                               Exchange’s original intent with respect                 ‘‘Exchange’’) filed with the Securities
                                               to this provision. Further, the other non-                                                                    real-time clearing trade updates.6 The
                                                                                                       and Exchange Commission                               message containing the trade details is
                                               substantive, clarifying changes will                    (‘‘Commission’’) the proposed rule
                                               make the rule easier to read and                                                                              also simultaneously sent to The Options
                                                                                                       change as described in Items I and II                 Clearing Corporation. The trade
                                               understand.                                             below, which Items have been prepared                 messages are routed to a member’s
                                                  Finally, as noted above the Exchange                 by the Exchange. The Commission is                    connection containing certain
                                               cannot actually implement this rule                     publishing this notice to solicit                     information. The administrative and
                                               change immediately because OCC                          comments on the proposed rule change                  market event messages include, but are
                                               bylaws currently restrict fungibility of                from interested persons.                              not limited to: System event messages to
                                               quarterly and short term options. The                                                                         communicate operational-related
                                                                                                       I. Self-Regulatory Organization’s
                                               Commission believes that the delayed                                                                          events; options directory messages to
                                                                                                       Statement of the Terms of Substance of
                                               implementation date of July 31, 2018                                                                          relay basic option symbol and contract
                                                                                                       the Proposed Rule Change
                                               should provide OCC with time to                                                                               information for options traded on the
                                               consider fungibility in quarterly and                      The Exchange proposes to a proposal
                                                                                                       to memorialize its order and execution                Exchange; complex strategy messages to
                                               short-term options and determine                                                                              relay information for those strategies
                                               whether to amend the OCC By-laws to                     information into Chapter VI, Section 19,
                                                                                                       entitled ‘‘Data Feeds.’’                              traded on the Exchange; trading action
                                               accommodate the changes being                                                                                 messages to inform market participants
                                               adopted by the Exchange. The Exchange                      The text of the proposed rule change
                                                                                                       is available on the Exchange’s website at             when a specific option or strategy is
                                               has also committed to announce the                                                                            halted or released for trading on the
                                               implementation of the change at least 30                http://nasdaqbx.cchwallstreet.com/, at
                                                                                                       the principal office of the Exchange, and             Exchange; and an indicator which
                                               days prior to the effective date pursuant                                                                     distinguishes electronic and non-
                                               to a Regulatory Circular, which should                  at the Commission’s Public Reference
                                                                                                       Room.                                                 electronically delivered orders.
                                               provide adequate advance notice to
                                               market participants. To the extent OCC                  II. Self-Regulatory Organization’s                      3 See Securities Exchange Act Release No. 73894
                                               is not able to implement a bylaw change                 Statement of the Purpose of, and the                  (December 19, 2014), 79 FR 78119 (December 29,
                                               at or prior to the July 31, 2018, we                    Statutory Basis for, the Proposed Rule                1014) (SR–BX–2014–060) (‘‘CTI and FIX DROP
                                               would expect the Exchange to amend its                  Change                                                Filing’’).
                                                                                                                                                               4 See Securities Exchange Act Release No. 60826
                                               rules or extend the implementation
                                                                                                          In its filing with the Commission, the
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                                                                                                                                                             (October 14, 2009), 74 FR 54605 (October 22, 2009)
                                               date.                                                                                                         (SR–BX–2009–062) (‘‘TradeInfo Filing’’).
                                                                                                       Exchange included statements
                                                  For the reasons above, the                           concerning the purpose of and basis for                 5 See note 3 above.

                                               Commission finds that the proposed                                                                              6 A real-time clearing trade update is a message

                                               rule change is consistent with the Act.                   31 15
                                                                                                                                                             that is sent to a member after an execution has
                                                                                                               U.S.C. 78s(b)(2).                             occurred and contains trade details. See Securities
                                                                                                         32 17 CFR 200.30–3(a)(12).                          Exchange Act Release No. 73894 (December 19,
                                                 30 See Cboe Options Rule 24A.7, concerning              1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             2014), 79 FR 78119 (December 29, 1014) (SR–BX–
                                               FLEX position limits and reporting requirements.          2 17 CFR 240.19b–4.                                 2014–060).



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Document Created: 2018-05-15 00:33:56
Document Modified: 2018-05-15 00:33:56
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 22550 

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