83_FR_31722 83 FR 31592 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Penny Pilot Program

83 FR 31592 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to the Penny Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range31592-31594
FR Document2018-14467

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31592-31594]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14467]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83567; File No. SR-CBOE-2018-047]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to the Penny Pilot Program

June 29, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder, \2\ notice is hereby given 
that on June 26, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Exchange 
filed the proposal as a ``non-controversial'' proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the operation of Penny Pilot 
Program through December 31, 2018. The text of the proposed rule change 
is provided below.

(additions are in italics; deletions are [bracketed])
* * * * *

Cboe Exchange, Inc.

Rules

* * * * *

Rule 6.42. Minimum Increments for Bids and Offers

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

. . . Interpretations and Policies:

    .01-.04 (No change).
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for

[[Page 31593]]

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 Penny Pilot Program (the ``Pilot Program'') is scheduled to 
expire on June 30, 2018. The Exchange proposes to extend the Pilot 
Program until December 31, 2018. The Exchange believes that extending 
the Pilot Program will allow for further analysis of the Pilot Program 
and a determination of how the Pilot Program should be structured in 
the future.
    During this extension of the Pilot Program, the Exchange proposes 
that it may replace any option class that is currently included in the 
Pilot Program and that has been delisted with the next most actively 
traded, multiply listed option class that is not yet participating in 
the Pilot Program (``replacement class''). Any replacement class would 
be determined based on national average daily volume in the preceding 
six months,\5\ and would be added on the second trading day following 
July 1, 2018. The Exchange will employ the same parameters to 
prospective replacement classes as approved and applicable in 
determining the existing classes in the Pilot Program, including 
excluding high-priced underlying securities.\6\ The Exchange will 
announce to its Trading Permit Holders by circular any replacement 
classes in the Pilot Program.
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    \5\ The month immediately preceding a replacement class's 
addition to the Pilot Program (i.e., June) would not be used for 
purposes of the six-month analysis. Thus, a replacement class to be 
added on the second trading day following July 1, 2018 would be 
identified based on The Option Clearing Corporation's trading volume 
data from December 1, 2017 through May 31, 2018.
    \6\ See Securities Exchange Act Release No. 60864 (October 22, 
2009), 74 FR 55876 (October 29, 2009) (SR-CBOE-2009-76).
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    The Exchange is specifically authorized to act jointly with the 
other options exchanges participating in the Pilot Program in 
identifying any replacement class. The Exchange lastly represents that 
the Exchange has the necessary system capacity to continue to support 
operation of the Penny Pilot.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\7\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \8\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitation 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \9\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers. In particular, the proposed rule change allows for 
an extension of the Pilot Program for the benefit of market 
participants. The Exchange notes that this proposal does not propose 
any new policies or provisions that are unique or unproven, but instead 
relates to the continuation of an existing program that operates on a 
pilot basis.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any 
burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the Exchange 
believes that, by extending the expiration of the Pilot Program, the 
proposed rule change will allow for further analysis of the Pilot 
Program and a determination of how the Program shall be structured in 
the future. In doing so, the proposed rule change will also serve to 
promote regulatory clarity and consistency, thereby reducing burdens on 
the marketplace and facilitating investor protection. In addition, the 
Exchange has been authorized to act jointly in extending the Pilot 
Program and believes the other exchanges will be filing similar 
extensions.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

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

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

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
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    Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) 
thereunder.
    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally 
does not become operative prior to 30 days after the date of the 
filing.\13\ However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because doing so will allow the Pilot Program to continue without 
interruption in a manner that is consistent with the Commission's prior 
approval of the extension and expansion of the Pilot Program and will 
allow the Exchange and the Commission additional time to analyze the 
impact of

[[Page 31594]]

the Pilot Program.\15\ Accordingly, the Commission designates the 
proposed rule change as operative upon filing with the Commission.\16\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this pre-filing requirement.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See Securities Exchange Act Release No. 61061 (November 24, 
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \16\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \17\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \17\ 15 U.S.C. 78s(b)(2)(B).
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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-2018-047 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-2018-047 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-2018-047 and should be submitted on 
or before July 27, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14467 Filed 7-5-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               31592                                Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

                                                  At any time within 60 days of the                        office of the Exchange. All comments                      Cboe Exchange, Inc.
                                               filing of such proposed rule change, the                    received will be posted without change.                   Rules
                                               Commission summarily may                                    Persons submitting comments are
                                               temporarily suspend such rule change if                     cautioned that we do not redact or edit                   *       *    *   *    *
                                               it appears to the Commission that such                      personal identifying information from                     Rule 6.42. Minimum Increments for
                                               action is necessary or appropriate in the                   comment submissions. You should                           Bids and Offers
                                               public interest, for the protection of                      submit only information that you wish
                                               investors, or otherwise in furtherance of                   to make available publicly. All                              The Board of Directors may establish
                                               the purposes of the Act. If the                             submissions should refer to File                          minimum increments for options traded
                                               Commission takes such action, the                           Number SR–C2–2018–015 and should                          on the Exchange. When the Board of
                                               Commission shall institute proceedings                      be submitted on or before July 27, 2018.                  Directors determines to change the
                                               under Section 19(b)(2)(B) 16 of the Act to                                                                            minimum increments, the Exchange
                                                                                                             For the Commission, by the Division of
                                               determine whether the proposed rule                         Trading and Markets, pursuant to delegated                will designate such change as a stated
                                               change should be approved or                                authority.17                                              policy, practice, or interpretation with
                                               disapproved.                                                Eduardo A. Aleman,                                        respect to the administration of Rule
                                                                                                           Assistant Secretary.
                                                                                                                                                                     6.42 within the meaning of
                                               IV. Solicitation of Comments                                                                                          subparagraph (3)(A) of subsection 19(b)
                                                                                                           [FR Doc. 2018–14468 Filed 7–5–18; 8:45 am]
                                                 Interested persons are invited to                                                                                   of the Exchange Act and will file a rule
                                                                                                           BILLING CODE 8011–01–P
                                               submit written data, views, and                                                                                       change for effectiveness upon filing
                                               arguments concerning the foregoing,                                                                                   with the Commission. Until such time
                                               including whether the proposed rule                                                                                   as the Board of Directors makes a
                                                                                                           SECURITIES AND EXCHANGE
                                               change is consistent with the Act.                                                                                    change to the minimum increments, the
                                                                                                           COMMISSION
                                               Comments may be submitted by any of                                                                                   following minimum increments shall
                                               the following methods:                                      [Release No. 34–83567; File No. SR–CBOE–                  apply to options traded on the
                                                                                                           2018–047]                                                 Exchange:
                                               Electronic Comments
                                                                                                                                                                        (1) (No change).
                                                 • Use the Commission’s internet                           Self-Regulatory Organizations; Cboe
                                                                                                                                                                        (2) (No change).
                                               comment form (http://www.sec.gov/                           Exchange, Inc.; Notice of Filing and
                                                                                                                                                                        (3) The decimal increments for bids
                                               rules/sro.shtml); or                                        Immediate Effectiveness of a Proposed
                                                                                                                                                                     and offers for all series of the option
                                                 • Send an email to rule-comments@                         Rule Change Relating to the Penny
                                                                                                                                                                     classes participating in the Penny Pilot
                                               sec.gov. Please include File Number SR–                     Pilot Program
                                                                                                                                                                     Program are: $0.01 for all option series
                                               C2–2018–015 on the subject line.                            June 29, 2018.                                            quoted below $3 (including LEAPS),
                                               Paper Comments                                                 Pursuant to Section 19(b)(1) of the                    and $0.05 for all option series $3 and
                                                  • Send paper comments in triplicate                      Securities Exchange Act of 1934                           above (including LEAPS). For QQQQs,
                                               to Secretary, Securities and Exchange                       (‘‘Act’’),1 and Rule 19b–4 thereunder, 2                  IWM, and SPY, the minimum increment
                                               Commission, 100 F Street NE,                                notice is hereby given that on June 26,                   is $0.01 for all option series. The
                                               Washington, DC 20549–1090.                                  2018, Cboe Exchange, Inc. (the                            Exchange may replace any option class
                                                                                                           ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                   participating in the Penny Pilot Program
                                               All submissions should refer to File                        with the Securities and Exchange                          that has been delisted with the next
                                               Number SR–C2–2018–015. This file                            Commission (the ‘‘Commission’’) the                       most actively-traded, multiply-listed
                                               number should be included on the                            proposed rule change as described in                      option class, based on national average
                                               subject line if email is used. To help the                  Items I and II below, which Items have                    daily volume in the preceding six
                                               Commission process and review your                          been prepared by the Exchange. The                        calendar months that is not yet included
                                               comments more efficiently, please use                       Exchange filed the proposal as a ‘‘non-                   in the Pilot Program. Any replacement
                                               only one method. The Commission will                        controversial’’ proposed rule change                      class would be added on the second
                                               post all comments on the Commission’s                       pursuant to Section 19(b)(3)(A)(iii) of                   trading day following [January 1, 2018]
                                               internet website (http://www.sec.gov/                       the Act 3 and Rule 19b–4(f)(6)                            July 1, 2018. The Penny Pilot shall
                                               rules/sro.shtml). Copies of the                             thereunder.4 The Commission is                            expire on [June 30, 2018] December 31,
                                               submission, all subsequent                                  publishing this notice to solicit                         2018.
                                               amendments, all written statements                          comments on the proposed rule change                         (4) (No change).
                                               with respect to the proposed rule                           from interested persons.
                                               change that are filed with the                                                                                        . . . Interpretations and Policies:
                                               Commission, and all written                                 I. Self-Regulatory Organization’s                            .01–.04 (No change).
                                               communications relating to the                              Statement of the Terms of Substance of                    *      *    *     *     *
                                               proposed rule change between the                            the Proposed Rule Change                                     The text of the proposed rule change
                                               Commission and any person, other than                          The Exchange proposes to extend the                    is also available on the Exchange’s
                                               those that may be withheld from the                         operation of Penny Pilot Program                          website (http://www.cboe.com/About
                                               public in accordance with the                               through December 31, 2018. The text of                    CBOE/CBOELegalRegulatoryHome.
                                               provisions of 5 U.S.C. 552, will be                         the proposed rule change is provided                      aspx), at the Exchange’s Office of the
                                               available for website viewing and                           below.                                                    Secretary, and at the Commission’s
                                               printing in the Commission’s Public                         (additions are in italics; deletions are                  Public Reference Room.
                                               Reference Room, 100 F Street NE,                               [bracketed])
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                                                                                                                                                                     II. Self-Regulatory Organization’s
                                               Washington, DC 20549, on official                           *      *    *    *      *                                 Statement of the Purpose of, and
                                               business days between the hours of
                                                                                                                                                                     Statutory Basis for, the Proposed Rule
                                               10:00 a.m. and 3:00 p.m. Copies of the                           17 17 CFR 200.30–3(a)(12).                           Change
                                               filing also will be available for                                1 15 U.S.C. 78s(b)(1).
                                               inspection and copying at the principal                          2 17 CFR 240.19b–4.                                    In its filing with the Commission, the
                                                                                                                3 15 U.S.C. 78s(b)(3)(A)(iii).                       Exchange included statements
                                                 16 15   U.S.C. 78s(b)(2)(B).                                   4 17 CFR 240.19b–4(f)(6).                            concerning the purpose of and basis for


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                                                                                 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices                                                          31593

                                               the proposed rule change and discussed                   2. Statutory Basis                                          C. Self-Regulatory Organization’s
                                               any comments it received on the                                                                                      Statement on Comments on the
                                               proposed rule change. The text of these                     The Exchange believes the proposed                       Proposed Rule Change Received From
                                               statements may be examined at the                        rule change is consistent with the                          Members, Participants, or Others
                                               places specified in Item IV below. The                   Securities Exchange Act of 1934 (the
                                               Exchange has prepared summaries, set                     ‘‘Act’’) and the rules and regulations                        The Exchange neither solicited nor
                                               forth in sections A, B, and C below, of                  thereunder applicable to the Exchange                       received comments on the proposed
                                               the most significant aspects of such                     and, in particular, the requirements of                     rule change.
                                               statements.                                              Section 6(b) of the Act.7 Specifically,
                                                                                                        the Exchange believes the proposed rule                     III. Date of Effectiveness of the
                                               A. Self-Regulatory Organization’s                        change is consistent with the Section                       Proposed Rule Change and Timing for
                                               Statement of the Purpose of, and                         6(b)(5) 8 requirements that the rules of                    Commission Action
                                               Statutory Basis for, the Proposed Rule                   an exchange be designed to prevent
                                               Change                                                                                                                  The Exchange has filed the proposed
                                                                                                        fraudulent and manipulative acts and
                                                                                                                                                                    rule change pursuant to Section
                                               1. Purpose                                               practices, to promote just and equitable
                                                                                                                                                                    19(b)(3)(A)(iii) of the Act 10 and Rule
                                                                                                        principles of trade, to foster cooperation
                                                                                                                                                                    19b–4(f)(6) thereunder.11 Because the
                                                 The Penny Pilot Program (the ‘‘Pilot                   and coordination with persons engaged
                                                                                                                                                                    proposed rule change does not: (i)
                                               Program’’) is scheduled to expire on                     in regulating, clearing, settling,
                                                                                                        processing information with respect to,                     Significantly affect the protection of
                                               June 30, 2018. The Exchange proposes
                                                                                                        and facilitation transactions in                            investors or the public interest; (ii)
                                               to extend the Pilot Program until
                                                                                                        securities, to remove impediments to                        impose any significant burden on
                                               December 31, 2018. The Exchange
                                                                                                        and perfect the mechanism of a free and                     competition; and (iii) become operative
                                               believes that extending the Pilot
                                                                                                        open market and a national market                           prior to 30 days from the date on which
                                               Program will allow for further analysis
                                                                                                        system, and, in general, to protect                         it was filed, or such shorter time as the
                                               of the Pilot Program and a
                                                                                                        investors and the public interest.                          Commission may designate, if
                                               determination of how the Pilot Program
                                               should be structured in the future.                      Additionally, the Exchange believes the                     consistent with the protection of
                                                                                                        proposed rule change is consistent with                     investors and the public interest, the
                                                 During this extension of the Pilot                                                                                 proposed rule change has become
                                               Program, the Exchange proposes that it                   the Section 6(b)(5) 9 requirement that
                                                                                                        the rules of an exchange not be designed                    effective pursuant to
                                               may replace any option class that is
                                               currently included in the Pilot Program                  to permit unfair discrimination between                        Section 19(b)(3)(A) of the Act and
                                               and that has been delisted with the next                 customers, issuers, brokers, or dealers.                    Rule 19b–4(f)(6)(iii) thereunder.
                                               most actively traded, multiply listed                    In particular, the proposed rule change                        A proposed rule change filed under
                                                                                                        allows for an extension of the Pilot                        Rule 19b–4(f)(6) 12 normally does not
                                               option class that is not yet participating
                                                                                                        Program for the benefit of market
                                               in the Pilot Program (‘‘replacement                                                                                  become operative prior to 30 days after
                                                                                                        participants. The Exchange notes that
                                               class’’). Any replacement class would be                                                                             the date of the filing.13 However,
                                                                                                        this proposal does not propose any new
                                               determined based on national average                                                                                 pursuant to Rule 19b–4(f)(6)(iii),14 the
                                                                                                        policies or provisions that are unique or
                                               daily volume in the preceding six                                                                                    Commission may designate a shorter
                                                                                                        unproven, but instead relates to the
                                               months,5 and would be added on the                                                                                   time if such action is consistent with the
                                                                                                        continuation of an existing program that
                                               second trading day following July 1,                                                                                 protection of investors and the public
                                                                                                        operates on a pilot basis.
                                               2018. The Exchange will employ the                                                                                   interest. The Exchange has asked the
                                               same parameters to prospective                           B. Self-Regulatory Organization’s                           Commission to waive the 30-day
                                               replacement classes as approved and                      Statement on Burden on Competition                          operative delay so that the proposal may
                                               applicable in determining the existing                                                                               become operative immediately upon
                                               classes in the Pilot Program, including                    CBOE does not believe that the
                                                                                                                                                                    filing. The Commission believes that
                                               excluding high-priced underlying                         proposed rule change will impose any
                                                                                                                                                                    waiving the 30-day operative delay is
                                               securities.6 The Exchange will                           burden on competition that is not
                                                                                                                                                                    consistent with the protection of
                                               announce to its Trading Permit Holders                   necessary or appropriate in furtherance
                                                                                                        of the purposes of the Act. Specifically,                   investors and the public interest
                                               by circular any replacement classes in                                                                               because doing so will allow the Pilot
                                               the Pilot Program.                                       the Exchange believes that, by extending
                                                                                                        the expiration of the Pilot Program, the                    Program to continue without
                                                 The Exchange is specifically                           proposed rule change will allow for                         interruption in a manner that is
                                               authorized to act jointly with the other                 further analysis of the Pilot Program and                   consistent with the Commission’s prior
                                               options exchanges participating in the                   a determination of how the Program                          approval of the extension and expansion
                                               Pilot Program in identifying any                         shall be structured in the future. In                       of the Pilot Program and will allow the
                                               replacement class. The Exchange lastly                   doing so, the proposed rule change will                     Exchange and the Commission
                                               represents that the Exchange has the                     also serve to promote regulatory clarity                    additional time to analyze the impact of
                                               necessary system capacity to continue to                 and consistency, thereby reducing
                                               support operation of the Penny Pilot.                    burdens on the marketplace and                                10 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                      11 17  CFR 240.19b–4(f)(6).
                                                                                                        facilitating investor protection. In
                                                  5 The month immediately preceding a                                                                                 12 17 CFR 240.19b–4(f)(6).
                                                                                                        addition, the Exchange has been
                                               replacement class’s addition to the Pilot Program                                                                      13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                        authorized to act jointly in extending
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                                               (i.e., June) would not be used for purposes of the                                                                   4(f)(6)(iii) requires the Exchange to give the
                                               six-month analysis. Thus, a replacement class to be      the Pilot Program and believes the other                    Commission written notice of the Exchange’s intent
                                               added on the second trading day following July 1,        exchanges will be filing similar                            to file the proposed rule change along with a brief
                                               2018 would be identified based on The Option             extensions.                                                 description and the text of the proposed rule
                                               Clearing Corporation’s trading volume data from                                                                      change, at least five business days prior to the date
                                               December 1, 2017 through May 31, 2018.                                                                               of filing of the proposed rule change, or such
                                                                                                             7 15    U.S.C. 78f(b).
                                                  6 See Securities Exchange Act Release No. 60864                                                                   shorter time as designated by the Commission. The
                                                                                                             8 15    U.S.C. 78f(b)(5).                              Exchange has satisfied this pre-filing requirement.
                                               (October 22, 2009), 74 FR 55876 (October 29, 2009)
                                               (SR–CBOE–2009–76).                                            9 Id.                                                    14 17 CFR 240.19b–4(f)(6)(iii).




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                                               31594                             Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

                                               the Pilot Program.15 Accordingly, the                    those that may be withheld from the                     notice.4 The Commission is publishing
                                               Commission designates the proposed                       public in accordance with the                           this notice to solicit comments on the
                                               rule change as operative upon filing                     provisions of 5 U.S.C. 552, will be                     advance notice from interested persons.
                                               with the Commission.16                                   available for website viewing and
                                                                                                                                                                I. Clearing Agency’s Statement of the
                                                  At any time within 60 days of the                     printing in the Commission’s Public
                                                                                                                                                                Terms of Substance of the Advance
                                               filing of such proposed rule change, the                 Reference Room, 100 F Street NE,
                                                                                                                                                                Notice
                                               Commission summarily may                                 Washington, DC 20549, on official
                                               temporarily suspend such rule change if                  business days between the hours of                         This advance notice is filed in
                                               it appears to the Commission that such                   10:00 a.m. and 3:00 p.m. Copies of the                  connection with proposed changes to
                                               action is necessary or appropriate in the                filing also will be available for                       OCC’s By-Laws and Rules, the
                                               public interest, for the protection of                   inspection and copying at the principal                 formalization of a substantially new
                                               investors, or otherwise in furtherance of                office of the Exchange. All comments                    Clearing Fund Methodology Policy
                                               the purposes of the Act. If the                          received will be posted without change.                 (‘‘Policy’’), and the adoption of a
                                               Commission takes such action, the                        Persons submitting comments are                         document describing OCC’s new
                                               Commission shall institute proceedings                   cautioned that we do not redact or edit                 Clearing Fund and stress testing
                                               under Section 19(b)(2)(B) 17 of the Act to               personal identifying information from                   methodology (‘‘Methodology
                                               determine whether the proposed rule                      comment submissions. You should                         Description’’). The proposed changes
                                               change should be approved or                             submit only information that you wish                   are primarily designed to enhance
                                               disapproved.                                             to make available publicly. All                         OCC’s overall resiliency, particularly
                                                                                                        submissions should refer to File                        with respect to the level of OCC’s pre-
                                               IV. Solicitation of Comments                             Number SR–CBOE–2018–047 and                             funded financial resources. Specifically,
                                                 Interested persons are invited to                      should be submitted on or before July                   the proposed changes would:
                                               submit written data, views, and                          27, 2018.                                                  (1) Reorganize, restate, and
                                               arguments concerning the foregoing,                                                                              consolidate the provisions of OCC’s By-
                                                                                                          For the Commission, by the Division of
                                               including whether the proposed rule                      Trading and Markets, pursuant to delegated
                                                                                                                                                                Laws and Rules relating to the Clearing
                                               change is consistent with the Act.                       authority.18                                            Fund into a newly revised Chapter X of
                                               Comments may be submitted by any of                      Eduardo A. Aleman,
                                                                                                                                                                OCC’s Rules;
                                               the following methods:                                                                                              (2) modify the coverage level of OCC’s
                                                                                                        Assistant Secretary.
                                                                                                                                                                Clearing Fund sizing requirement to
                                               Electronic Comments                                      [FR Doc. 2018–14467 Filed 7–5–18; 8:45 am]              protect OCC against losses stemming
                                                 • Use the Commission’s internet
                                                                                                        BILLING CODE 8011–01–P                                  from the default of the two Clearing
                                               comment form (http://www.sec.gov/                                                                                Member Groups that would potentially
                                               rules/sro.shtml); or                                                                                             cause the largest aggregate credit
                                                                                                        SECURITIES AND EXCHANGE                                 exposure for OCC in extreme but
                                                 • Send an email to rule-comments@                      COMMISSION
                                               sec.gov. Please include File Number SR–                                                                          plausible market conditions (i.e., adopt
                                               CBOE–2018–047 on the subject line.                       [Release No. 34–83561; File No. SR–OCC–                 a ‘‘Cover 2 Standard’’ for sizing the
                                                                                                        2018–803]                                               Clearing Fund);
                                               Paper Comments                                                                                                      (3) adopt a new risk tolerance for OCC
                                                 • Send paper comments in triplicate                    Self-Regulatory Organizations; The                      to cover a 1-in-50 year hypothetical
                                               to Secretary, Securities and Exchange                    Options Clearing Corporation; Notice                    market event at a 99.5% confidence
                                               Commission, 100 F Street NE,                             of Filing of Advance Notice, as                         level over a two-year look-back period;
                                                                                                        Modified by Amendment No. 1,                               (4) adopt a new Clearing Fund and
                                               Washington, DC 20549–1090.
                                                                                                        Concerning Proposed Changes to The                      stress testing methodology, which
                                               All submissions should refer to File                     Options Clearing Corporation’s Stress                   would be underpinned by a new
                                               Number SR–CBOE–2018–047 This file                        Testing and Clearing Fund                               scenario-based one-factor risk model
                                               number should be included on the                         Methodology                                             stress testing approach, as detailed in
                                               subject line if email is used. To help the                                                                       the newly proposed Policy and
                                               Commission process and review your                       June 29, 2018.
                                                                                                                                                                Methodology Description;
                                               comments more efficiently, please use                       Pursuant to Section 806(e)(1) of Title                  (5) document governance, monitoring,
                                               only one method. The Commission will                     VIII of the Dodd-Frank Wall Street                      and review processes related to Clearing
                                               post all comments on the Commission’s                    Reform and Consumer Protection Act,                     Fund and stress testing;
                                               internet website (http://www.sec.gov/                    entitled Payment, Clearing and                             (6) provide for certain anti-procyclical
                                               rules/sro.shtml). Copies of the                          Settlement Supervision Act of 2010                      limitations on the reduction in Clearing
                                               submission, all subsequent                               (‘‘Clearing Supervision Act’’) 1 and Rule               Fund size from month to month;
                                               amendments, all written statements                       19b–4(n)(1)(i) 2 under the Securities                      (7) increase the minimum Clearing
                                               with respect to the proposed rule                        Exchange Act of 1934 (‘‘Exchange Act’’                  Fund contribution requirement for
                                               change that are filed with the                           or ‘‘Act’’),3 notice is hereby given that               Clearing Members to $500,000;
                                               Commission, and all written                              on May 30, 2018, the Options Clearing                      (8) modify OCC’s allocation weighting
                                               communications relating to the                           Corporation (‘‘OCC’’) filed with the                    methodology for Clearing Fund
                                               proposed rule change between the                         Securities and Exchange Commission                      contributions;
                                               Commission and any person, other than                    (‘‘Commission’’) an advance notice as                      (9) reduce from five to two business
                                                                                                        described in Items I, II and III below,                 days the timeframe within which
                                                                                                        which Items have been prepared by                       Clearing Members are required to fund
daltland on DSKBBV9HB2PROD with NOTICES




                                                  15 See Securities Exchange Act Release No. 61061

                                               (November 24, 2009), 74 FR 62857 (December 1,            OCC. On June 7, 2018, OCC filed                         Clearing Fund deficits due to monthly
                                               2009) (SR–NYSEArca–2009–44).
                                                  16 For purposes only of waiving the operative
                                                                                                        Amendment No. 1 to the advance                          or intra-month resizing or due to Rule
                                               delay for this proposal, the Commission has                                                                      amendments;
                                                                                                             18 17 CFR 200.30–3(a)(12).
                                               considered the proposed rule’s impact on
                                                                                                             1 12 U.S.C. 5465(e)(1).
                                               efficiency, competition, and capital formation. See                                                                4 In Amendment No. 1, OCC corrected formatting
                                               15 U.S.C. 78c(f).                                             2 17 CFR 240.19b–4(n)(1)(i).
                                                                                                                                                                errors in Exhibits 5A and 5B without changing the
                                                  17 15 U.S.C. 78s(b)(2)(B).                                 3 15 U.S.C. 78a et seq.                            substance of the advance notice.



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Document Created: 2018-07-06 00:46:48
Document Modified: 2018-07-06 00:46:48
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 31592 

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