83_FR_29971 83 FR 29848 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify the SPX Select Market-Maker Program

83 FR 29848 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify the SPX Select Market-Maker Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29848-29850
FR Document2018-13615

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29848-29850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13615]



[[Page 29848]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83476; File No. SR-CBOE-2018-044]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Clarify 
the SPX Select Market-Maker Program

June 20, 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 June 8, 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 amend its Fees Schedule relating to the 
SPX Select Market-Maker Program.
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to clarify text in its Fees Schedule 
relating to the SPX Select Market-Maker (``SMM'') Program. By way of 
background, the Exchange recently established a financial incentive 
program for SPX SMMs, which provides that any appointed SPX SMM will 
receive a monthly waiver of the cost of one Market-Maker Trading Permit 
and one SPX Tier Appointment provided that the SMM satisfies a 
heightened quoting standard for that month, which standard is set forth 
in Footnote 49 of the Fees Schedule. Footnote 49 currently provides 
that an SMM will receive the monthly Trading Permit and SPX Tier 
Appointment waiver if it (1) provides continuous electronic quotes in 
95% of all SPX series 90% of the time in a given month, (2) submits 
opening quotes that are no wider than the Opening Exchange Prescribed 
Width (``OEPW'') within one minute of the initiation of an opening 
rotation in any series that is not open due to the lack of a qualifying 
quote, on all trading days, to ensure electronic quotes on the open 
that allow the series to open, (3) submits opening quotes that are no 
wider than the OEPW quote by 8:00 a.m. (CT) on volatility settlement 
days and (4) provides quotes for the end-of-month fair value closing 
rotation on a rotating basis.
    The Exchange proposes to clarify the criteria currently set forth 
in the third prong of the heightened quoting standard, described above. 
Specifically, the Exchange proposes to add text that explicitly 
provides that to satisfy the third prong, an SMM must submit opening 
quotes that are no wider than the OEPW quote by 8:00 a.m. CST on 
volatility ``index derivative'' settlement days ``in the SPX series 
that expire in the month used to calculate the settlement value for 
expiring volatility index derivatives.'' The Exchange notes that this 
prong was included as part of the heightened quoting standard to 
encourage SMM participation prior to the opening on volatility index 
derivative settlement days to increase liquidity in the SPX series used 
to calculate the settlement value, which is desirable to ensure these 
series open at competitive prices on expiration days for volatility 
index derivatives and thus ensure a fair and orderly opening and 
settlement process. While liquidity is important to open all series on 
the Exchange, given the potential impact on the exercise settlement 
value determined for expiring volatility index derivatives, the 
Exchange believes it is appropriate to ensure a fair and orderly 
opening of the series used to calculate the exercise settlement value. 
The Exchange calculates the settlement value for expiring volatility 
index derivatives using the opening pricings of SPX options that expire 
30 days later. All other SPX series are not used by the Exchange to 
determine the exercise settlement value. As such, the Exchange doesn't 
believe that it is appropriate to require SMMs to submit opening quotes 
that are no wider than the OEPW by 8:00 a.m. (CT) on volatility index 
derivative settlement days in all SPX options series, if only a subset 
of SPX options series are used in the settlement value calculation. In 
order to alleviate any confusion, the Exchange wishes to make clear 
that the third prong, as originally written, does not encompass all SPX 
options series. Rather, the third prong requires only the submission of 
opening quotes prior to 8:00 a.m. CT on volatility index derivative 
settlement days that are no wider than the OEPW in the series that 
expire in the month used to calculate the volatility index derivative 
settlement value. With respect to the remaining SPX options series, the 
Exchange notes that SMMs already are required pursuant to prong 2 to 
submit opening quotes that are no wider than the OEPW within one minute 
of the initiation of an opening rotation in any series that is not open 
due to the lack of a qualifying quote, on all trading days, to ensure 
electronic quotes on the open that allow the series to open.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect

[[Page 29849]]

investors and the public interest. Additionally, the Exchange believes 
the proposed rule change is consistent with Section 6(b)(4) of the 
Act,\7\ which requires that Exchange rules provide for the equitable 
allocation of reasonable dues, fees, and other charges among its 
Trading Permit Holders and other persons using its facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes clarifying the third prong in Footnote 49 
helps avoid confusion by making clear which SPX series are subject to 
the quoting criteria in the third prong of the SMM heighted quoting 
standard. The alleviation of confusion removes impediments to, and 
perfects the mechanism of, a free and open market and a national market 
system and protects investors and the public interest. Additionally, 
the Exchange believes that the proposed clarification in Footnote 49 is 
reasonable because the third prong is meant to specifically address 
liquidity on volatility index derivative settlement days that ensure a 
fair and orderly opening and settlement process and not address 
liquidity in SPX options series generally.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket or intermarket competition that is not 
necessary or appropriate in furtherance of the purposes of the Act. The 
proposed clarification is intended to make clear in the Fees Schedule 
which SPX options series are subject to the criteria contained in the 
third prong of the heightened quoting standard in order to maintain 
transparency in the rules and alleviate confusion. The proposed change 
also applies to SPX, which is only traded on Cboe Options. The Exchange 
believes the proposed change therefore does not raise any competitive 
issues.

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, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). Rule 19b-4(f)(6)(iii) requires the 
Exchange to provide 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 this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the five-day prefiling requirement 
and the 30-day operative delay so that the proposal may become 
operative immediately upon filing. According to the Exchange, without 
the waivers, the Fees Schedule would reflect a quoting standard that 
may be confusing to SPX SMMs. The Commission hereby waives the 
prefiling requirement and finds that waiver of the operative delay is 
consistent with the protection of investors and the public interest. In 
particular, the proposal does not raise any new or novel issues, and 
waiver of the prefiling requirement and operative delay will allow to 
the Exchange to immediately clarify the operation of its SPX Select 
Market-Maker Program. Therefore, the Commission hereby waives the 
prefiling requirement and the operative delay and designates the 
proposal operative upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ 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. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

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

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-2018-044 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2018-044. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CBOE-2018-044 and should be submitted on 
or before July 17, 2018.


[[Page 29850]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13615 Filed 6-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                29848                              Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

                                                SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                      determined for expiring volatility index
                                                COMMISSION                                               Statement of the Purpose of, and                       derivatives, the Exchange believes it is
                                                                                                         Statutory Basis for, the Proposed Rule                 appropriate to ensure a fair and orderly
                                                [Release No. 34–83476; File No. SR–CBOE–                 Change                                                 opening of the series used to calculate
                                                2018–044]                                                                                                       the exercise settlement value. The
                                                                                                         1. Purpose
                                                                                                                                                                Exchange calculates the settlement
                                                Self-Regulatory Organizations; Cboe                         The Exchange is proposing to clarify                value for expiring volatility index
                                                Exchange, Inc.; Notice of Filing and                     text in its Fees Schedule relating to the              derivatives using the opening pricings
                                                Immediate Effectiveness of a Proposed                    SPX Select Market-Maker (‘‘SMM’’)                      of SPX options that expire 30 days later.
                                                Rule Change To Clarify the SPX Select                    Program. By way of background, the                     All other SPX series are not used by the
                                                Market-Maker Program                                     Exchange recently established a                        Exchange to determine the exercise
                                                                                                         financial incentive program for SPX                    settlement value. As such, the Exchange
                                                June 20, 2018.                                           SMMs, which provides that any                          doesn’t believe that it is appropriate to
                                                   Pursuant to Section 19(b)(1) of the                   appointed SPX SMM will receive a                       require SMMs to submit opening quotes
                                                Securities Exchange Act of 1934 (the                     monthly waiver of the cost of one                      that are no wider than the OEPW by
                                                ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   Market-Maker Trading Permit and one                    8:00 a.m. (CT) on volatility index
                                                notice is hereby given that on June 8,                   SPX Tier Appointment provided that                     derivative settlement days in all SPX
                                                2018, Cboe Exchange, Inc. (the                           the SMM satisfies a heightened quoting                 options series, if only a subset of SPX
                                                ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                  standard for that month, which standard                options series are used in the settlement
                                                with the Securities and Exchange                         is set forth in Footnote 49 of the Fees                value calculation. In order to alleviate
                                                Commission (the ‘‘Commission’’) the                      Schedule. Footnote 49 currently                        any confusion, the Exchange wishes to
                                                proposed rule change as described in                     provides that an SMM will receive the                  make clear that the third prong, as
                                                Items I and II below, which Items have                   monthly Trading Permit and SPX Tier                    originally written, does not encompass
                                                been prepared by the Exchange. The                       Appointment waiver if it (1) provides                  all SPX options series. Rather, the third
                                                Exchange filed the proposal as a ‘‘non-                  continuous electronic quotes in 95% of                 prong requires only the submission of
                                                controversial’’ proposed rule change                     all SPX series 90% of the time in a given              opening quotes prior to 8:00 a.m. CT on
                                                pursuant to Section 19(b)(3)(A)(iii) of                  month, (2) submits opening quotes that                 volatility index derivative settlement
                                                the Act 3 and Rule 19b–4(f)(6)                           are no wider than the Opening                          days that are no wider than the OEPW
                                                thereunder.4 The Commission is                           Exchange Prescribed Width (‘‘OEPW’’)                   in the series that expire in the month
                                                publishing this notice to solicit                        within one minute of the initiation of an              used to calculate the volatility index
                                                comments on the proposed rule change                     opening rotation in any series that is not             derivative settlement value. With
                                                from interested persons.                                 open due to the lack of a qualifying                   respect to the remaining SPX options
                                                                                                         quote, on all trading days, to ensure                  series, the Exchange notes that SMMs
                                                I. Self-Regulatory Organization’s                        electronic quotes on the open that allow               already are required pursuant to prong
                                                Statement of the Terms of Substance of                   the series to open, (3) submits opening                2 to submit opening quotes that are no
                                                the Proposed Rule Change                                 quotes that are no wider than the OEPW                 wider than the OEPW within one
                                                                                                         quote by 8:00 a.m. (CT) on volatility                  minute of the initiation of an opening
                                                   The Exchange proposes to amend its                    settlement days and (4) provides quotes                rotation in any series that is not open
                                                Fees Schedule relating to the SPX Select                 for the end-of-month fair value closing                due to the lack of a qualifying quote, on
                                                Market-Maker Program.                                    rotation on a rotating basis.                          all trading days, to ensure electronic
                                                   The text of the proposed rule change                     The Exchange proposes to clarify the                quotes on the open that allow the series
                                                is also available on the Exchange’s                      criteria currently set forth in the third              to open.
                                                website (http://www.cboe.com/About                       prong of the heightened quoting
                                                CBOE/CBOELegalRegulatory                                 standard, described above. Specifically,               2. Statutory Basis
                                                Home.aspx), at the Exchange’s Office of                  the Exchange proposes to add text that                    The Exchange believes the proposed
                                                the Secretary, and at the Commission’s                   explicitly provides that to satisfy the                rule change is consistent with the
                                                Public Reference Room.                                   third prong, an SMM must submit                        Securities Exchange Act of 1934 (the
                                                                                                         opening quotes that are no wider than                  ‘‘Act’’) and the rules and regulations
                                                II. Self-Regulatory Organization’s
                                                                                                         the OEPW quote by 8:00 a.m. CST on                     thereunder applicable to the Exchange
                                                Statement of the Purpose of, and
                                                                                                         volatility ‘‘index derivative’’ settlement             and, in particular, the requirements of
                                                Statutory Basis for, the Proposed Rule
                                                                                                         days ‘‘in the SPX series that expire in                Section 6(b) of the Act.5 Specifically,
                                                Change
                                                                                                         the month used to calculate the                        the Exchange believes the proposed rule
                                                  In its filing with the Commission, the                 settlement value for expiring volatility               change is consistent with the Section
                                                Exchange included statements                             index derivatives.’’ The Exchange notes                6(b)(5) 6 requirements that the rules of
                                                concerning the purpose of and basis for                  that this prong was included as part of                an exchange be designed to prevent
                                                the proposed rule change and discussed                   the heightened quoting standard to                     fraudulent and manipulative acts and
                                                any comments it received on the                          encourage SMM participation prior to                   practices, to promote just and equitable
                                                proposed rule change. The text of these                  the opening on volatility index                        principles of trade, to foster cooperation
                                                statements may be examined at the                        derivative settlement days to increase                 and coordination with persons engaged
                                                places specified in Item IV below. The                   liquidity in the SPX series used to                    in regulating, clearing, settling,
                                                Exchange has prepared summaries, set                     calculate the settlement value, which is               processing information with respect to,
                                                                                                         desirable to ensure these series open at
sradovich on DSK3GMQ082PROD with NOTICES




                                                forth in sections A, B, and C below, of                                                                         and facilitating transactions in
                                                the most significant aspects of such                     competitive prices on expiration days                  securities, to remove impediments to
                                                statements.                                              for volatility index derivatives and thus              and perfect the mechanism of a free and
                                                                                                         ensure a fair and orderly opening and                  open market and a national market
                                                  1 15 U.S.C. 78s(b)(1).                                 settlement process. While liquidity is                 system, and, in general, to protect
                                                  2 17 CFR 240.19b–4.                                    important to open all series on the
                                                  3 15 U.S.C. 78s(b)(3)(A)(iii).                         Exchange, given the potential impact on                 5 15   U.S.C. 78f(b).
                                                  4 17 CFR 240.19b–4(f)(6).                              the exercise settlement value                           6 15   U.S.C. 78f(b)(5).



                                           VerDate Sep<11>2014    17:24 Jun 25, 2018   Jkt 244001   PO 00000   Frm 00108   Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM    26JNN1


                                                                                  Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices                                              29849

                                                investors and the public interest.                         operative for 30 days from the date on                   IV. Solicitation of Comments
                                                Additionally, the Exchange believes the                    which it was filed, or such shorter time
                                                proposed rule change is consistent with                    as the Commission may designate, it has                    Interested persons are invited to
                                                Section 6(b)(4) of the Act,7 which                         become effective pursuant to Section                     submit written data, views, and
                                                requires that Exchange rules provide for                   19(b)(3)(A) of the Act 8 and Rule 19b–                   arguments concerning the foregoing,
                                                the equitable allocation of reasonable                     4(f)(6) thereunder.9                                     including whether the proposed rule
                                                dues, fees, and other charges among its                                                                             change is consistent with the Act.
                                                                                                              A proposed rule change filed
                                                Trading Permit Holders and other                                                                                    Comments may be submitted by any of
                                                                                                           pursuant to Rule 19b–4(f)(6) under the
                                                persons using its facilities.                                                                                       the following methods:
                                                                                                           Act 10 normally does not become
                                                  The Exchange believes clarifying the
                                                third prong in Footnote 49 helps avoid                     operative for 30 days after the date of its              Electronic Comments
                                                confusion by making clear which SPX                        filing. However, Rule 19b–4(f)(6)(iii) 11
                                                                                                           permits the Commission to designate a                      • Use the Commission’s internet
                                                series are subject to the quoting criteria
                                                                                                           shorter time if such action is consistent                comment form (http://www.sec.gov/
                                                in the third prong of the SMM heighted
                                                                                                           with the protection of investors and the                 rules/sro.shtml); or
                                                quoting standard. The alleviation of
                                                confusion removes impediments to, and                      public interest. The Exchange has asked                    • Send an email to rule-comments@
                                                perfects the mechanism of, a free and                      the Commission to waive the five-day                     sec.gov. Please include File Number SR–
                                                open market and a national market                          prefiling requirement and the 30-day                     CBOE–2018–044 on the subject line.
                                                system and protects investors and the                      operative delay so that the proposal may
                                                                                                           become operative immediately upon                        Paper Comments
                                                public interest. Additionally, the
                                                                                                           filing. According to the Exchange,
                                                Exchange believes that the proposed                                                                                   • Send paper comments in triplicate
                                                clarification in Footnote 49 is                            without the waivers, the Fees Schedule
                                                                                                           would reflect a quoting standard that                    to Secretary, Securities and Exchange
                                                reasonable because the third prong is                                                                               Commission, 100 F Street NE,
                                                meant to specifically address liquidity                    may be confusing to SPX SMMs. The
                                                                                                           Commission hereby waives the prefiling                   Washington, DC 20549–1090.
                                                on volatility index derivative settlement
                                                days that ensure a fair and orderly                        requirement and finds that waiver of the                 All submissions should refer to File
                                                opening and settlement process and not                     operative delay is consistent with the                   Number SR–CBOE–2018–044. This file
                                                address liquidity in SPX options series                    protection of investors and the public                   number should be included on the
                                                generally.                                                 interest. In particular, the proposal does               subject line if email is used. To help the
                                                                                                           not raise any new or novel issues, and                   Commission process and review your
                                                B. Self-Regulatory Organization’s                          waiver of the prefiling requirement and
                                                Statement on Burden on Competition                                                                                  comments more efficiently, please use
                                                                                                           operative delay will allow to the                        only one method. The Commission will
                                                  The Exchange does not believe that                       Exchange to immediately clarify the                      post all comments on the Commission’s
                                                the proposed rule change will impose                       operation of its SPX Select Market-                      internet website (http://www.sec.gov/
                                                any burden on intramarket or                               Maker Program. Therefore, the
                                                                                                                                                                    rules/sro.shtml). Copies of the
                                                intermarket competition that is not                        Commission hereby waives the prefiling
                                                                                                                                                                    submission, all subsequent
                                                necessary or appropriate in furtherance                    requirement and the operative delay and
                                                                                                           designates the proposal operative upon                   amendments, all written statements
                                                of the purposes of the Act. The
                                                                                                           filing.12                                                with respect to the proposed rule
                                                proposed clarification is intended to
                                                make clear in the Fees Schedule which                                                                               change that are filed with the
                                                                                                              At any time within 60 days of the                     Commission, and all written
                                                SPX options series are subject to the                      filing of the proposed rule change, the
                                                criteria contained in the third prong of                                                                            communications relating to the
                                                                                                           Commission summarily may                                 proposed rule change between the
                                                the heightened quoting standard in                         temporarily suspend such rule change if
                                                order to maintain transparency in the                                                                               Commission and any person, other than
                                                                                                           it appears to the Commission that such
                                                rules and alleviate confusion. The                                                                                  those that may be withheld from the
                                                                                                           action is necessary or appropriate in the
                                                proposed change also applies to SPX,                       public interest, for the protection of                   public in accordance with the
                                                which is only traded on Cboe Options.                      investors, or otherwise in furtherance of                provisions of 5 U.S.C. 552, will be
                                                The Exchange believes the proposed                         the purposes of the Act. If the                          available for website viewing and
                                                change therefore does not raise any                        Commission takes such action, the                        printing in the Commission’s Public
                                                competitive issues.                                        Commission shall institute proceedings                   Reference Room, 100 F Street NE,
                                                                                                           to determine whether the proposed rule                   Washington, DC 20549 on official
                                                C. Self-Regulatory Organization’s
                                                Statement on Comments on the                               change should be approved or                             business days between the hours of
                                                Proposed Rule Change Received From                         disapproved.                                             10:00 a.m. and 3:00 p.m. Copies of the
                                                Members, Participants, or Others                                                                                    filing also will be available for
                                                                                                             8 15  U.S.C. 78s(b)(3)(A).                             inspection and copying at the principal
                                                  The Exchange neither solicited nor                         9 17  CFR 240.19b–4(f)(6). Rule 19b–4(f)(6)(iii)       office of the Exchange. All comments
                                                received comments on the proposed                          requires the Exchange to provide the Commission          received will be posted without change.
                                                rule change.                                               with written notice of its intent to file the proposed
                                                                                                           rule change, along with a brief description and the
                                                                                                                                                                    Persons submitting comments are
                                                III. Date of Effectiveness of the                          text of the proposed rule change, at least five          cautioned that we do not redact or edit
                                                Proposed Rule Change and Timing for                        business days prior to the date of filing of the         personal identifying information from
                                                Commission Action                                          proposed rule change, or such shorter time as
                                                                                                                                                                    comment submissions. You should
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           designated by the Commission. The Exchange has
                                                   Because the proposed rule change                        asked the Commission to waive this requirement.          submit only information that you wish
                                                does not (i) significantly affect the                         10 17 CFR 240.19b–4(f)(6).                            to make available publicly. All
                                                protection of investors or the public                         11 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                    submissions should refer to File
                                                                                                              12 For purposes only of waiving the 30-day
                                                interest; (ii) impose any significant                                                                               Number SR–CBOE–2018–044 and
                                                                                                           operative delay, the Commission has also
                                                burden on competition; and (iii) become                    considered the proposed rule’s impact on                 should be submitted on or before July
                                                                                                           efficiency, competition, and capital formation. See      17, 2018.
                                                  7 15   U.S.C. 78f(b)(4).                                 15 U.S.C. 78c(f).



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                                                29850                            Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

                                                  For the Commission, by the Division of                  Officer, Securities and Exchange                       unless the SRO is relieved of this
                                                Trading and Markets, pursuant to delegated                Commission, c/o Remi Pavlik-Simon,                     responsibility pursuant to Section
                                                authority.13                                              100 F Street NE, Washington, DC 20549                  17(d) 4 or Section 19(g)(2) 5 of the Act.
                                                Eduardo A. Aleman,                                        or send an email to: PRA_Mailbox@                      Without this relief, the statutory
                                                Assistant Secretary.                                      sec.gov. Comments must be submitted to                 obligation of each individual SRO could
                                                [FR Doc. 2018–13615 Filed 6–25–18; 8:45 am]               OMB within 30 days of this notice.                     result in a pattern of multiple
                                                BILLING CODE 8011–01–P                                      Dated: June 21, 2018.                                examinations of broker-dealers that
                                                                                                                                                                 maintain memberships in more than one
                                                                                                          Eduardo A. Aleman,
                                                                                                                                                                 SRO (‘‘common members’’). Such
                                                SECURITIES AND EXCHANGE                                   Assistant Secretary.
                                                                                                                                                                 regulatory duplication would add
                                                COMMISSION                                                [FR Doc. 2018–13686 Filed 6–25–18; 8:45 am]            unnecessary expenses for common
                                                                                                          BILLING CODE 8011–01–P                                 members and their SROs.
                                                Submission for OMB Review;                                                                                         Section 17(d)(1) of the Act 6 was
                                                Comment Request                                                                                                  intended, in part, to eliminate
                                                                                                          SECURITIES AND EXCHANGE                                unnecessary multiple examinations and
                                                Upon Written Request Copies Available                     COMMISSION
                                                 From: Securities and Exchange                                                                                   regulatory duplication.7 With respect to
                                                 Commission, Office of FOIA Services,                     [Release No. 34–83477; File No. 4–709]                 a common member, Section 17(d)(1)
                                                 100 F Street NE, Washington, DC                                                                                 authorizes the Commission, by rule or
                                                 20549–2736                                               Program for Allocation of Regulatory                   order, to relieve an SRO of the
                                                                                                          Responsibilities Pursuant to Rule 17d–                 responsibility to receive regulatory
                                                Extension:                                                                                                       reports, to examine for and enforce
                                                  Form F–X, SEC File No. 270–336, OMB
                                                                                                          2; Notice of Filing and Order
                                                    Control No. 3235–0379                                 Approving and Declaring Effective an                   compliance with applicable statutes,
                                                                                                          Amended Plan for the Allocation of                     rules, and regulations, or to perform
                                                   Notice is hereby given that, pursuant                  Regulatory Responsibilities Between                    other specified regulatory functions.
                                                to the Paperwork Reduction Act of 1995                    the Financial Industry Regulatory                        To implement Section 17(d)(1), the
                                                (44 U.S.C. 3501 et seq.), the Securities                  Authority, Inc. and BOX Options                        Commission adopted two rules: Rule
                                                and Exchange Commission                                   Exchange LLC                                           17d–1 and Rule 17d–2 under the Act.8
                                                (‘‘Commission’’) has submitted to the                                                                            Rule 17d–1 authorizes the Commission
                                                Office of Management and Budget this                      June 20, 2018.                                         to name a single SRO as the designated
                                                request for extension of the previously                      Notice is hereby given that the                     examining authority (‘‘DEA’’) to
                                                approved collection of information                        Securities and Exchange Commission                     examine common members for
                                                discussed below.                                          (‘‘Commission’’) has issued an Order,                  compliance with the financial
                                                   Form F–X (17 CFR 239.42) is used to                    pursuant to Section 17(d) of the                       responsibility requirements imposed by
                                                appoint an agent for service of process                   Securities Exchange Act of 1934                        the Act, or by Commission or SRO
                                                by Canadian issuers registering                           (‘‘Act’’),1 approving and declaring                    rules.9 When an SRO has been named as
                                                securities on Forms F–7, F–8, F–9 or F–                   effective an amendment to the plan for                 a common member’s DEA, all other
                                                10 under the Securities Act of 1933 (15                   allocating regulatory responsibility                   SROs to which the common member
                                                U.S.C. 77a et seq.), or filing periodic                   (‘‘Plan’’) filed on June 13, 2018,                     belongs are relieved of the responsibility
                                                reports on Form 40–F under the                            pursuant to Rule 17d–2 of the Act,2 by                 to examine the firm for compliance with
                                                Exchange Act of 1934 (15 U.S.C. 78a et                    the Financial Industry Regulatory                      the applicable financial responsibility
                                                seq.). The information collected must be                  Authority, Inc. (‘‘FINRA’’) and BOX                    rules. On its face, Rule 17d–1 deals only
                                                filed with the Commission and is                          Options Exchange LLC (‘‘BOX’’)                         with an SRO’s obligations to enforce
                                                publicly available. We estimate it takes                  (collectively, ‘‘Participating                         member compliance with financial
                                                approximately 2 hours per response to                     Organizations’’ or ‘‘parties’’). This                  responsibility requirements. Rule 17d–1
                                                prepare Form F–X and the information                      agreement amends and restates the                      does not relieve an SRO from its
                                                is filed by approximately 114                             agreement entered into between FINRA                   obligation to examine a common
                                                respondents for a total annual reporting                  and BOX on March 2, 2017, entitled                     member for compliance with its own
                                                burden of 228 hours (2 hours per                          ‘‘Agreement Between Financial Industry                 rules and provisions of the federal
                                                response × 114 responses).                                Regulatory Authority, Inc. and BOX                     securities laws governing matters other
                                                   An agency may not conduct or                           Options Exchange LLC Pursuant to Rule                  than financial responsibility, including
                                                sponsor, and a person is not required to                  17d–2 under the Securities Exchange                    sales practices and trading activities and
                                                respond to, a collection of information                   Act of 1934,’’ and any subsequent                      practices.
                                                unless it displays a currently valid                      amendments thereafter.                                   To address regulatory duplication in
                                                control number.                                                                                                  these and other areas, the Commission
                                                   The public may view the background                     I. Introduction                                        adopted Rule 17d–2 under the Act.10
                                                documentation for this information                          Section 19(g)(1) of the Act,3 among                  Rule 17d–2 permits SROs to propose
                                                collection at the following website,                      other things, requires every self-
                                                www.reginfo.gov. Comments should be                       regulatory organization (‘‘SRO’’)                        4 15 U.S.C. 78q(d).
                                                                                                                                                                   5 15 U.S.C. 78s(g)(2).
                                                directed to: (i) Desk Officer for the                     registered as either a national securities               6 15 U.S.C. 78q(d)(1).
                                                Securities and Exchange Commission,                       exchange or national securities                          7 See Securities Act Amendments of 1975, Report
                                                Office of Information and Regulatory                      association to examine for, and enforce                of the Senate Committee on Banking, Housing, and
sradovich on DSK3GMQ082PROD with NOTICES




                                                Affairs, Office of Management and                         compliance by, its members and persons                 Urban Affairs to Accompany S. 249, S. Rep. No. 94–
                                                Budget, Room 10102, New Executive                         associated with its members with the                   75, 94th Cong., 1st Session 32 (1975).
                                                Office Building, Washington, DC 20503,                    Act, the rules and regulations                           8 17 CFR 240.17d–1 and 17 CFR 240.17d–2,

                                                or by sending an email to: Shagufta_                                                                             respectively.
                                                                                                          thereunder, and the SRO’s own rules,                     9 See Securities Exchange Act Release No. 12352
                                                Ahmed@omb.eop.gov; and (ii) Pamela                                                                               (April 20, 1976), 41 FR 18808 (May 7, 1976).
                                                Dyson, Director/Chief Information                           1 15 U.S.C. 78q(d).                                    10 See Securities Exchange Act Release No. 12935
                                                                                                            2 17 CFR 240.17d–2.                                  (October 28, 1976), 41 FR 49091 (November 8,
                                                  13 17   CFR 200.30–3(a)(12).                              3 15 U.S.C. 78s(g)(1).                               1976).



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Document Created: 2018-06-26 00:51:36
Document Modified: 2018-06-26 00:51:36
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 29848 

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