83_FR_50152 83 FR 49960 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Order Approving a Proposed Rule Change, as Modified by Amendment Nos. 1 and 3, To Permit the Listing and Trading of Options That Overlie the Mini-SPX Index and the Russell 2000 Index

83 FR 49960 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Order Approving a Proposed Rule Change, as Modified by Amendment Nos. 1 and 3, To Permit the Listing and Trading of Options That Overlie the Mini-SPX Index and the Russell 2000 Index

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49960-49962
FR Document2018-21486

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018)
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49960-49962]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21486]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84299; File No. SR-CboeEDGX-2018-035]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Order 
Approving a Proposed Rule Change, as Modified by Amendment Nos. 1 and 
3, To Permit the Listing and Trading of Options That Overlie the Mini-
SPX Index and the Russell 2000 Index

September 27, 2018.

I. Introduction

    On August 10, 2018, Cboe EDGX Exchange, Inc. (``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'' or 
``SEC''), pursuant to Section 19(b)(1) of the Securities Exchange Act 
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule 
change to permit the listing and trading of options that overlie the 
Mini-SPX Index (``XSP options''), the Russell 2000 Index (``RUT 
options''), and the Dow Jones Industrial Average (``DJX options''). The 
proposed rule change was published for comment in the Federal Register 
on August 21, 2018.\3\ The Commission received no comments in response 
to the Notice. On September 18, 2018, the Exchange filed Amendment No. 
1 to the proposal.\4\ On September 25, 2018, the Exchange filed 
Amendment No. 3 to the proposal.\5\ This order approves the proposed 
rule change, as modified by Amendment Nos. 1 and 3 thereto.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83853 (August 15, 
2018), 83 FR 42344 (``Notice'').
    \4\ Amendment No. 1 provides that the lowest strike price 
interval that may be listed for XSP option series under the Short 
Term Option Series Program is $0.50. The Exchange notes that this 
provision was inadvertently omitted in the initial filing. Amendment 
No. 1 is available at https://www.sec.gov/comments/sr-cboeedgx-2018-035/srcboeedgx2018035-4388446-175573.pdf. Because Amendment No. 1 
does not materially alter the substance of the proposed rule change 
or raise unique or novel regulatory issues, Amendment No. 1 is not 
subject to notice and comment.
    \5\ The Exchange filed Amendment No. 2 to the proposal on 
September 24, 2018. On September 25, 2018, the Exchange withdrew 
Amendment No. 2 and replaced it with Amendment No. 3. Amendment No. 
3 removes all aspects of the proposal related to the listing and 
trading of DJX options. Amendment No. 3 is available at https://www.sec.gov/comments/sr-cboeedgx-2018-035/srcboeedgx2018035-4423273-175678.pdf. Because Amendment No. 3 removes all references specific 
to the listing and trading of DJX options from the original proposal 
and does not raise unique or novel regulatory issues, Amendment No. 
3 is not subject to notice and comment.
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II. Description of the Amended Proposal 6
---------------------------------------------------------------------------

    \6\ For a more complete description of the proposed rule change, 
see Notice, supra note 3; Amendment No. 1, supra note 4; and 
Amendment No. 3, supra note 5.
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    The Exchange proposes to amend the Exchange's index options rules 
to permit the listing and trading of XSP options and RUT options. As 
more fully set forth in the Notice and Amendment Nos. 1 and 3 and 
further described below, the proposed new rules and changes to existing 
rules of the Exchange are based on the existing rules of other options 
exchanges.\7\
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    \7\ See, e.g., Cboe Options Rules 6.42, 24.7, and 24.9; C2 Rule 
6.11(a)(2).
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    XSP and RUT options will be A.M., cash-settled contracts with 
European-style exercise.\8\ XSP options are options on the Mini-SPX 
Index, the current value of which is 1/10th the value of the Standard & 
Poor's 500 Stock Index reported by the reporting authority.\9\ RUT 
options are options on the Russell 2000 Index.\10\ According to the 
Exchange, the index underlying each of XSP and RUT options satisfies 
the criteria of a broad-based index for the initial listing of options 
on that index, as set forth in Rule 29.3(b). XSP and RUT options will 
be subject to the maintenance listing standards set forth in Rule 
29.3(c).\11\
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    \8\ See proposed changes to Rule 29.11(a)(4) and Rule 
29.11(a)(5)(B).
    \9\ See proposed Interpretation and Policy .01 to Rule 29.11, 
which states that the current index value of XSP options will be 1/
10th the value of the Standard & Poor's 500 Stock Index reported by 
the reporting authority. The Exchange states that the S&P Dow Jones 
Indices is the reporting authority for the Mini-SPX Index. See 
proposed Interpretation and Policy .01 to Rule 29.2.
    \10\ The Exchange states that the Frank Russell Company is the 
reporting authority for the Russell 2000 Index. See proposed 
Interpretation and Policy .01 to Rule 29.2.
    \11\ In the event XSP or RUT options fails to satisfy the 
maintenance listing standards set forth in Rule 29.3(c), the 
Exchange states that it will not open for trading any additional 
series of options of that class unless the continued listing of that 
class of index options has been approved by the Commission under 
Section 19(b)(2) of the Act. See Notice, supra note 3, at 42345, n. 
4.
---------------------------------------------------------------------------

    As described more fully in the Notice and Amendment Nos. 1 and 3, 
the Exchange has proposed rules related to the listing and trading of 
XSP and RUT, including the minimum increments applicable to XSP \12\ 
and strike intervals applicable to both XSP and RUT.\13\ In addition, 
the Exchange has proposed changes to its long-term index options

[[Page 49961]]

rules, including proposing to extend the maximum term to 180 months (15 
years) \14\ and adding RUT to the list of indices on which the Exchange 
may list reduced-value long-term options series.\15\ The proposed rule 
change also modifies the Exchange's rules to describe the opening 
process for index options,\16\ which the Exchange states will be the 
same as the opening process for index options on C2 Exchange, Inc. 
(``C2'').\17\ The Exchange also proposed rule changes to clarify the 
applicability of certain provisions of its rules.\18\ Additionally, the 
Exchange has proposed changes to its rules relating to trading 
halts,\19\ the obvious error process,\20\ and listing additional 
expiration months \21\ that are consistent with the rules of another 
options exchange.\22\
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    \12\ See proposed Rule 21.5, Interpretation and Policy .02. The 
minimum increment for RUT will be as set forth in current Rule 21.5: 
Five cents if the series is trading below $3.00, and ten cents if 
the series is trading at or above $3.00. See Notice, supra note 3, 
at 42345.
    \13\ See proposed changes to Rule 29.11(c)(1) and (c)(5).
    \14\ See proposed change to Rule 29.11(b)(1). The Exchange 
represents that it has confirmed with the Options Clearing 
Corporation (``OCC'') that OCC can configure its systems to support 
long-term options contracts that have a maximum term of 180 months 
(15 years). See Notice, supra note 3, at 42346.
    \15\ See proposed change to Rule 29.11(b)(2). The Exchange 
represents that the reduced-value long-term RUT series will be 
subject to the same trading rules as long-term RUT series, except 
the minimum strike price interval will be $2.50 for all series 
regardless of the strike price. See Notice, supra note 3, at 42346. 
The Exchange also states that for reduced-value long-term RUT 
series, the underlying value will be computed at 10% of the value of 
the Russell 2000 Index. See id.
    \16\ See proposed changes to Rule 21.7.
    \17\ See Notice, supra note 3, at 42348.
    \18\ See proposed changes to Rules 29.11(b)(1)(A), 29.13(b); 
proposed Rule 29.15.
    \19\ See proposed changes to Rule 29.10(b).
    \20\ See proposed changes to Rule 20.6(g) and (h).
    \21\ See proposed Rule 29.11(i).
    \22\ See Cboe Options Rule 6.42, Interpretation and Policy .03; 
Cboe Options Rule 6.25(g) and (h); and Cboe Options Rule 24.9, 
Interpretation and Policy .01(b).
---------------------------------------------------------------------------

    The Exchange represents it has an adequate surveillance program in 
place for index options, and that it is a member of the Intermarket 
Surveillance Group (``ISG'').\23\ Additionally, the Exchange represents 
that has analyzed its capacity and believes that it and the Options 
Price Reporting Authority (``OPRA'') have the necessary systems 
capacity to handle the additional traffic associated with the listing 
of XSP and RUT options up to the proposed number of possible 
expirations and strike prices.\24\ The Exchange believes that any 
additional traffic that would be generated from the introduction of XSP 
and RUT options will be manageable, and that its Members will not have 
a capacity issue as a result of this proposed rule change.\25\ The 
Exchange also represents that it does not believe this expansion will 
cause fragmentation of liquidity.\26\ The Exchange states that it will 
monitor the trading volume associated with the additional options 
series listed as a result of this proposed rule change and the effect 
(if any) of these additional series on market fragmentation and on the 
capacity of the Exchange's automated systems.\27\
---------------------------------------------------------------------------

    \23\ See Notice, supra note 3, at 42349-50.
    \24\ Id. at 42350.
    \25\ Id.
    \26\ Id.
    \27\ Id.
---------------------------------------------------------------------------

    The Exchange states that XSP and RUT options will be subject to the 
margin requirements set forth in Chapter 28 and the position limits set 
forth in Rule 29.5. Chapter 28 imposes the margin requirements of 
either Cboe Options or the New York Stock Exchange on Exchange Options 
Members. Similarly, Rule 29.5 imposes position (and exercise) limits 
for broad-based index options of Cboe Options on Exchange Options 
Members. XSP and RUT options are currently listed and traded on Cboe 
Options, and the Exchange proposes that the same margin requirements 
and position and exercise limits that apply to these products as traded 
on Cboe Options will apply to these products when listed and traded on 
the Exchange.\28\
---------------------------------------------------------------------------

    \28\ Id.
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III. Discussion and Commission's Findings

    The Commission finds that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder applicable to a national securities exchange.\29\ 
Specifically, the Commission finds that the proposal is consistent with 
Section 6(b)(5) of the Act,\30\ which requires, among other things, 
that the rules of a national securities exchange be designed to promote 
just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \29\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \30\ 15 U.S.C. 78f(b).
---------------------------------------------------------------------------

    The Commission believes that the Exchange's proposal gives options 
investors the ability to make an additional investment choice in a 
manner consistent with the requirements of Section 6(b)(5) of the 
Act.\31\ The Commission notes that the Exchange represents that the 
index underlying each of XSP and RUT options satisfies the criteria of 
a broad-based index for the initial listing of options on that index in 
Rule 29.3(b), which rule has previously been approved by the 
Commission.\32\ In considering the proposed changes to the Exchange 
rules related to the listing and trading of XSP and RUT, including the 
rules related to minimum increments \33\ and strike price 
intervals,\34\ the Commission notes that the proposed rules are 
consistent with the rules of another exchange.\35\ In addition, the 
Commission notes that the proposed rule changes related to long-term 
options series,\36\ trading halts,\37\ the obvious error process,\38\ 
the opening process \39\ and listing additional expiration months \40\ 
are also consistent with the rules of other exchanges.\41\ The 
Commission believes that the Exchange's proposal does not raise any 
novel regulatory issues, as it is consistent with the rules of other 
national securities exchanges previously approved by the Commission. 
Finally, the Commission notes that certain of the Exchange's proposed 
rule changes are intended to promote clarity about the applicability of 
the Exchange's rules,\42\ thereby reducing any potential investor 
confusion.
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    \31\ 15 U.S.C. 78f(b)(5).
    \32\ See Securities Exchange Act Release No. 75650 (August 7, 
2015), 80 FR 48600 (August 13, 2015). Additionally, the Commission 
notes that options on XSP and RUT will be subject to the maintenance 
listing standards of Rule 29.3(c). The Exchange represents that in 
the event XSP or RUT options fails to satisfy the maintenance 
listing standards set forth herein, the Exchange will not open for 
trading any additional series of options of that class unless the 
continued listing of that class of index options has been approved 
by the Commission under Section 19(b)(2) of the Exchange Act. See 
Notice, supra note 3, at 42345, n. 4.
    \33\ See proposed Rule 21.5, Interpretation and Policy .02.
    \34\ See proposed Rule 29.11(c)(1) and (c)(5).
    \35\ See Cboe Options Rule 6.42, Interpretation and Policy .03; 
Cboe Options Rule 24.9. Interpretations and Policies .01(a), .11.
    \36\ See proposed changes to Rule 29.11(b).
    \37\ See proposed changes to Rule 29.10(b).
    \38\ See proposed changes to Rule 20.6(g) and (h).
    \39\ See proposed changes to Rule 21.7.
    \40\ See proposed Rule 29.11(i).
    \41\ See, e.g., Cboe Options Rule 24.9(b)(1); Cboe Options Rule 
24.9, Interpretation and Policy .13; Cboe Options Rule 24,7(a); Phlx 
Rule 1047A(c); Cboe Options Rule 6.25(g) and (h); C2 Rule 
6.11(a)(2).
    \42\ See, e.g., proposed changes to Rule 29.11(b)(1)(A); Rule 
29.13; Rule 29.15.
---------------------------------------------------------------------------

    The Commission further believes that the Exchange's proposed 
position and exercise limits, margin requirements and other aspects of 
the proposed rule change related to the listing and trading of XSP and 
RUT options are appropriate and consistent with the Act. In particular, 
the Commission notes that the Exchange rules regarding position and 
exercise limits and margin requirements incorporate by reference the 
corresponding Cboe Options rules

[[Page 49962]]

which were previously approved by the Commission. The Commission notes 
that the Exchange represents that it has an adequate surveillance 
program in place for index options.\43\ Further, the Exchange is a 
member of the ISG, which provides for the sharing of information and 
the coordination of regulatory efforts among exchanges trading 
securities and related products to address potential intermarket 
manipulations and trading abuses.
---------------------------------------------------------------------------

    \43\ See Notice, supra note 3, at 42349-50.
---------------------------------------------------------------------------

    In approving the proposed rule change, the Commission has also 
relied upon the Exchange's representation that it and OPRA have the 
necessary systems capacity to support the new options series that will 
result from this proposal, and that the Exchange will monitor the 
trading volume associated with the additional options series listed as 
a result of this proposed rule change and the effect (if any) of these 
additional series on market fragmentation and on the capacity of the 
Exchange's automated systems.\44\
---------------------------------------------------------------------------

    \44\ See id. at 42350.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\45\ that the proposed rule change (SR-CboeEDGX-2018-035), as 
modified by Amendment Nos. 1 and 3, be approved.
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    \45\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\46\
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    \46\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21486 Filed 10-2-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               49960                      Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices

                                               material information, to do so through                  SECURITIES AND EXCHANGE                                II. Description of the Amended
                                               public disclosure, not selective                        COMMISSION                                             Proposal 6
                                               disclosure; and (2) to make prompt                                                                                The Exchange proposes to amend the
                                               public disclosure of material                           [Release No. 34–84299; File No. SR–                    Exchange’s index options rules to
                                               information that was unintentionally                    CboeEDGX–2018–035]                                     permit the listing and trading of XSP
                                               selectively disclosed. Regulation FD was                                                                       options and RUT options. As more fully
                                               adopted due to a concern that the                       Self-Regulatory Organizations; Cboe                    set forth in the Notice and Amendment
                                               practice of selective disclosure leads to               EDGX Exchange, Inc.; Order                             Nos. 1 and 3 and further described
                                               a loss of investor confidence in the                    Approving a Proposed Rule Change,                      below, the proposed new rules and
                                               integrity of our capital markets. All                   as Modified by Amendment Nos. 1 and                    changes to existing rules of the
                                               information is provided to the public for               3, To Permit the Listing and Trading of                Exchange are based on the existing rules
                                               review. The information required is                     Options That Overlie the Mini-SPX                      of other options exchanges.7
                                               filed on occasion and is mandatory. We                  Index and the Russell 2000 Index                          XSP and RUT options will be A.M.,
                                               estimate that approximately 13,000                                                                             cash-settled contracts with European-
                                               issuers make Regulation FD disclosures                  September 27, 2018.                                    style exercise.8 XSP options are options
                                                                                                                                                              on the Mini-SPX Index, the current
                                               approximately five times a year for a                   I. Introduction                                        value of which is 1/10th the value of the
                                               total of 58,000 submissions annually,                                                                          Standard & Poor’s 500 Stock Index
                                               not including an estimated 7,000 issuers                   On August 10, 2018, Cboe EDGX
                                                                                                       Exchange, Inc. (‘‘Exchange’’) filed with               reported by the reporting authority.9
                                               who file Form 8–K to comply with                                                                               RUT options are options on the Russell
                                               Regulation FD. We estimate that it takes                the Securities and Exchange
                                                                                                                                                              2000 Index.10 According to the
                                               approximately 5 hours per response                      Commission (‘‘Commission’’ or ‘‘SEC’’),
                                                                                                                                                              Exchange, the index underlying each of
                                               (58,000 responses × 5 hours) for a total                pursuant to Section 19(b)(1) of the                    XSP and RUT options satisfies the
                                               burden of 290,000 hours annually. In                    Securities Exchange Act of 1934                        criteria of a broad-based index for the
                                               addition, we estimate that 25% of the 5                 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a              initial listing of options on that index,
                                               hours (1.25 hours) is prepared by the                   proposed rule change to permit the                     as set forth in Rule 29.3(b). XSP and
                                               filer for an annual reporting burden of                 listing and trading of options that                    RUT options will be subject to the
                                               72,500 hours (1.25 hours per response ×                 overlie the Mini-SPX Index (‘‘XSP                      maintenance listing standards set forth
                                               58,000 responses).                                      options’’), the Russell 2000 Index (‘‘RUT              in Rule 29.3(c).11
                                                                                                       options’’), and the Dow Jones Industrial                  As described more fully in the Notice
                                                  An agency may not conduct or
                                                                                                       Average (‘‘DJX options’’). The proposed                and Amendment Nos. 1 and 3, the
                                               sponsor, and a person is not required to                                                                       Exchange has proposed rules related to
                                                                                                       rule change was published for comment
                                               respond to, a collection of information                                                                        the listing and trading of XSP and RUT,
                                                                                                       in the Federal Register on August 21,
                                               unless it displays a currently valid                                                                           including the minimum increments
                                                                                                       2018.3 The Commission received no
                                               control number.                                                                                                applicable to XSP 12 and strike intervals
                                                                                                       comments in response to the Notice. On
                                                  The public may view the background                   September 18, 2018, the Exchange filed                 applicable to both XSP and RUT.13 In
                                               documentation for this information                      Amendment No. 1 to the proposal.4 On                   addition, the Exchange has proposed
                                               collection at the following website,                    September 25, 2018, the Exchange filed                 changes to its long-term index options
                                               www.reginfo.gov. Comments should be                     Amendment No. 3 to the proposal.5 This                    6 For a more complete description of the proposed
                                               directed to: (i) Desk Officer for the                   order approves the proposed rule                       rule change, see Notice, supra note 3; Amendment
                                               Securities and Exchange Commission,                     change, as modified by Amendment                       No. 1, supra note 4; and Amendment No. 3, supra
                                               Office of Information and Regulatory                    Nos. 1 and 3 thereto.                                  note 5.
                                                                                                                                                                 7 See, e.g., Cboe Options Rules 6.42, 24.7, and
                                               Affairs, Office of Management and
                                                                                                                                                              24.9; C2 Rule 6.11(a)(2).
                                               Budget, Room 10102, New Executive                         1 15  U.S.C. 78s(b)(1).                                 8 See proposed changes to Rule 29.11(a)(4) and
                                               Office Building, Washington, DC 20503,                    2 17  CFR 240.19b–4.                                 Rule 29.11(a)(5)(B).
                                               or by sending an email to: Shagufta_                       3 See Securities Exchange Act Release No. 83853        9 See proposed Interpretation and Policy .01 to

                                               Ahmed@omb.eop.gov; and (ii) Pamela                      (August 15, 2018), 83 FR 42344 (‘‘Notice’’).           Rule 29.11, which states that the current index
                                                                                                          4 Amendment No. 1 provides that the lowest          value of XSP options will be 1/10th the value of the
                                               Dyson, Director/Chief Information                       strike price interval that may be listed for XSP       Standard & Poor’s 500 Stock Index reported by the
                                               Officer, Securities and Exchange                        option series under the Short Term Option Series       reporting authority. The Exchange states that the
                                               Commission, c/o Candace Kenner, 100 F                   Program is $0.50. The Exchange notes that this         S&P Dow Jones Indices is the reporting authority for
                                                                                                       provision was inadvertently omitted in the initial     the Mini-SPX Index. See proposed Interpretation
                                               Street NE, Washington, DC 20549 or                                                                             and Policy .01 to Rule 29.2.
                                                                                                       filing. Amendment No. 1 is available at https://
                                               send an email to: PRA_Mailbox@                          www.sec.gov/comments/sr-cboeedgx-2018-035/                10 The Exchange states that the Frank Russell

                                               sec.gov. Comments must be submitted to                  srcboeedgx2018035-4388446-175573.pdf. Because          Company is the reporting authority for the Russell
                                               OMB within 30 days of this notice.                      Amendment No. 1 does not materially alter the          2000 Index. See proposed Interpretation and Policy
                                                                                                       substance of the proposed rule change or raise         .01 to Rule 29.2.
                                                 Dated: September 27, 2018.                            unique or novel regulatory issues, Amendment No.          11 In the event XSP or RUT options fails to satisfy

                                               Eduardo A. Aleman,                                      1 is not subject to notice and comment.                the maintenance listing standards set forth in Rule
                                                                                                          5 The Exchange filed Amendment No. 2 to the         29.3(c), the Exchange states that it will not open for
                                               Assistant Secretary.                                    proposal on September 24, 2018. On September 25,       trading any additional series of options of that class
                                               [FR Doc. 2018–21509 Filed 10–2–18; 8:45 am]             2018, the Exchange withdrew Amendment No. 2            unless the continued listing of that class of index
                                                                                                       and replaced it with Amendment No. 3.                  options has been approved by the Commission
                                               BILLING CODE 8011–01–P                                                                                         under Section 19(b)(2) of the Act. See Notice, supra
                                                                                                       Amendment No. 3 removes all aspects of the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       proposal related to the listing and trading of DJX     note 3, at 42345, n. 4.
                                                                                                                                                                 12 See proposed Rule 21.5, Interpretation and
                                                                                                       options. Amendment No. 3 is available at https://
                                                                                                       www.sec.gov/comments/sr-cboeedgx-2018-035/             Policy .02. The minimum increment for RUT will
                                                                                                       srcboeedgx2018035-4423273-175678.pdf. Because          be as set forth in current Rule 21.5: Five cents if
                                                                                                       Amendment No. 3 removes all references specific        the series is trading below $3.00, and ten cents if
                                                                                                       to the listing and trading of DJX options from the     the series is trading at or above $3.00. See Notice,
                                                                                                       original proposal and does not raise unique or novel   supra note 3, at 42345.
                                                                                                       regulatory issues, Amendment No. 3 is not subject         13 See proposed changes to Rule 29.11(c)(1) and

                                                                                                       to notice and comment.                                 (c)(5).



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                                                                           Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices                                                    49961

                                               rules, including proposing to extend the                 this expansion will cause fragmentation              options on that index in Rule 29.3(b),
                                               maximum term to 180 months (15                           of liquidity.26 The Exchange states that             which rule has previously been
                                               years) 14 and adding RUT to the list of                  it will monitor the trading volume                   approved by the Commission.32 In
                                               indices on which the Exchange may list                   associated with the additional options               considering the proposed changes to the
                                               reduced-value long-term options                          series listed as a result of this proposed           Exchange rules related to the listing and
                                               series.15 The proposed rule change also                  rule change and the effect (if any) of               trading of XSP and RUT, including the
                                               modifies the Exchange’s rules to                         these additional series on market                    rules related to minimum increments 33
                                               describe the opening process for index                   fragmentation and on the capacity of the             and strike price intervals,34 the
                                               options,16 which the Exchange states                     Exchange’s automated systems.27                      Commission notes that the proposed
                                               will be the same as the opening process                     The Exchange states that XSP and                  rules are consistent with the rules of
                                               for index options on C2 Exchange, Inc.                   RUT options will be subject to the                   another exchange.35 In addition, the
                                               (‘‘C2’’).17 The Exchange also proposed                   margin requirements set forth in                     Commission notes that the proposed
                                               rule changes to clarify the applicability                Chapter 28 and the position limits set               rule changes related to long-term
                                               of certain provisions of its rules.18                    forth in Rule 29.5. Chapter 28 imposes               options series,36 trading halts,37 the
                                               Additionally, the Exchange has                           the margin requirements of either Cboe               obvious error process,38 the opening
                                               proposed changes to its rules relating to                Options or the New York Stock                        process 39 and listing additional
                                               trading halts,19 the obvious error                       Exchange on Exchange Options                         expiration months 40 are also consistent
                                               process,20 and listing additional                        Members. Similarly, Rule 29.5 imposes                with the rules of other exchanges.41 The
                                               expiration months 21 that are consistent                 position (and exercise) limits for broad-            Commission believes that the
                                               with the rules of another options                        based index options of Cboe Options on               Exchange’s proposal does not raise any
                                               exchange.22                                              Exchange Options Members. XSP and                    novel regulatory issues, as it is
                                                  The Exchange represents it has an                     RUT options are currently listed and                 consistent with the rules of other
                                               adequate surveillance program in place                   traded on Cboe Options, and the                      national securities exchanges previously
                                               for index options, and that it is a                      Exchange proposes that the same margin               approved by the Commission. Finally,
                                               member of the Intermarket Surveillance                   requirements and position and exercise               the Commission notes that certain of the
                                               Group (‘‘ISG’’).23 Additionally, the                     limits that apply to these products as               Exchange’s proposed rule changes are
                                               Exchange represents that has analyzed                    traded on Cboe Options will apply to                 intended to promote clarity about the
                                               its capacity and believes that it and the                these products when listed and traded                applicability of the Exchange’s rules,42
                                               Options Price Reporting Authority                        on the Exchange.28                                   thereby reducing any potential investor
                                               (‘‘OPRA’’) have the necessary systems                                                                         confusion.
                                                                                                        III. Discussion and Commission’s
                                               capacity to handle the additional traffic                                                                        The Commission further believes that
                                                                                                        Findings
                                               associated with the listing of XSP and                                                                        the Exchange’s proposed position and
                                               RUT options up to the proposed number                       The Commission finds that the                     exercise limits, margin requirements
                                               of possible expirations and strike                       proposed rule change is consistent with              and other aspects of the proposed rule
                                               prices.24 The Exchange believes that any                 the requirements of the Act and the                  change related to the listing and trading
                                               additional traffic that would be                         rules and regulations thereunder                     of XSP and RUT options are appropriate
                                               generated from the introduction of XSP                   applicable to a national securities                  and consistent with the Act. In
                                               and RUT options will be manageable,                      exchange.29 Specifically, the                        particular, the Commission notes that
                                               and that its Members will not have a                     Commission finds that the proposal is                the Exchange rules regarding position
                                               capacity issue as a result of this                       consistent with Section 6(b)(5) of the               and exercise limits and margin
                                               proposed rule change.25 The Exchange                     Act,30 which requires, among other                   requirements incorporate by reference
                                               also represents that it does not believe                 things, that the rules of a national                 the corresponding Cboe Options rules
                                                                                                        securities exchange be designed to
                                                  14 See proposed change to Rule 29.11(b)(1). The       promote just and equitable principles of                32 See Securities Exchange Act Release No. 75650

                                               Exchange represents that it has confirmed with the       trade, to remove impediments to and                  (August 7, 2015), 80 FR 48600 (August 13, 2015).
                                               Options Clearing Corporation (‘‘OCC’’) that OCC                                                               Additionally, the Commission notes that options on
                                               can configure its systems to support long-term
                                                                                                        perfect the mechanism of a free and                  XSP and RUT will be subject to the maintenance
                                               options contracts that have a maximum term of 180        open market and a national market                    listing standards of Rule 29.3(c). The Exchange
                                               months (15 years). See Notice, supra note 3, at          system, and, in general, to protect                  represents that in the event XSP or RUT options
                                               42346.                                                   investors and the public interest.                   fails to satisfy the maintenance listing standards set
                                                  15 See proposed change to Rule 29.11(b)(2). The                                                            forth herein, the Exchange will not open for trading
                                                                                                           The Commission believes that the                  any additional series of options of that class unless
                                               Exchange represents that the reduced-value long-
                                               term RUT series will be subject to the same trading      Exchange’s proposal gives options                    the continued listing of that class of index options
                                               rules as long-term RUT series, except the minimum        investors the ability to make an                     has been approved by the Commission under
                                               strike price interval will be $2.50 for all series       additional investment choice in a                    Section 19(b)(2) of the Exchange Act. See Notice,
                                               regardless of the strike price. See Notice, supra note                                                        supra note 3, at 42345, n. 4.
                                               3, at 42346. The Exchange also states that for
                                                                                                        manner consistent with the                              33 See proposed Rule 21.5, Interpretation and
                                               reduced-value long-term RUT series, the underlying       requirements of Section 6(b)(5) of the               Policy .02.
                                               value will be computed at 10% of the value of the        Act.31 The Commission notes that the                    34 See proposed Rule 29.11(c)(1) and (c)(5).
                                               Russell 2000 Index. See id.                              Exchange represents that the index                      35 See Cboe Options Rule 6.42, Interpretation and
                                                  16 See proposed changes to Rule 21.7.
                                                                                                        underlying each of XSP and RUT                       Policy .03; Cboe Options Rule 24.9. Interpretations
                                                  17 See Notice, supra note 3, at 42348.
                                                                                                                                                             and Policies .01(a), .11.
                                                  18 See proposed changes to Rules 29.11(b)(1)(A),
                                                                                                        options satisfies the criteria of a broad-              36 See proposed changes to Rule 29.11(b).
                                               29.13(b); proposed Rule 29.15.                           based index for the initial listing of                  37 See proposed changes to Rule 29.10(b).
                                                  19 See proposed changes to Rule 29.10(b).                                                                     38 See proposed changes to Rule 20.6(g) and (h).
                                                  20 See proposed changes to Rule 20.6(g) and (h).        26 Id.
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                                                                                                                                                                39 See proposed changes to Rule 21.7.
                                                  21 See proposed Rule 29.11(i).                          27 Id.
                                                                                                                                                                40 See proposed Rule 29.11(i).
                                                  22 See Cboe Options Rule 6.42, Interpretation and       28 Id.
                                                                                                                                                                41 See, e.g., Cboe Options Rule 24.9(b)(1); Cboe
                                               Policy .03; Cboe Options Rule 6.25(g) and (h); and         29 In approving this proposed rule change, the
                                                                                                                                                             Options Rule 24.9, Interpretation and Policy .13;
                                               Cboe Options Rule 24.9, Interpretation and Policy        Commission has considered the proposed rule’s        Cboe Options Rule 24,7(a); Phlx Rule 1047A(c);
                                               .01(b).                                                  impact on efficiency, competition, and capital       Cboe Options Rule 6.25(g) and (h); C2 Rule
                                                  23 See Notice, supra note 3, at 42349–50.             formation. See 15 U.S.C. 78c(f).                     6.11(a)(2).
                                                  24 Id. at 42350.                                        30 15 U.S.C. 78f(b).                                  42 See, e.g., proposed changes to Rule
                                                  25 Id.                                                  31 15 U.S.C. 78f(b)(5).                            29.11(b)(1)(A); Rule 29.13; Rule 29.15.



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                                               49962                      Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices

                                               which were previously approved by the                   approved collection of information                    SECURITIES AND EXCHANGE
                                               Commission. The Commission notes                        discussed below.                                      COMMISSION
                                               that the Exchange represents that it has                   Rule 239 (17 CFR 230.239) provides                 [Release No. 34–84298; File No. SR–
                                               an adequate surveillance program in                     exemptions under the Securities Act of                CboeBZX–2018–058]
                                               place for index options.43 Further, the                 1933 (15 U.S.C. 77a et seq.), the
                                               Exchange is a member of the ISG, which                                                                        Self-Regulatory Organizations; Cboe
                                                                                                       Securities Exchange Act of 1934 (15
                                               provides for the sharing of information                                                                       BZX Exchange, Inc.; Order Approving
                                                                                                       U.S.C. 78a et seq.) and the Trust
                                               and the coordination of regulatory                                                                            a Proposed Rule Change, as Modified
                                               efforts among exchanges trading                         Indenture Act of 1939 (U.S.C. 77aaa et
                                                                                                       seq.) for security-based swaps issued by              by Amendment Nos. 1 and 2, To Permit
                                               securities and related products to                                                                            the Listing and Trading of Options
                                               address potential intermarket                           certain clearing agencies satisfying
                                                                                                                                                             That Overlie the Mini-SPX Index and
                                               manipulations and trading abuses.                       certain conditions. The purpose of the                the Russell 2000 Index
                                                  In approving the proposed rule                       information required by Rule 239 is to
                                               change, the Commission has also relied                  make certain information about                        September 27, 2018.
                                               upon the Exchange’s representation that                 security-based swaps that may be                      I. Introduction
                                               it and OPRA have the necessary systems                  cleared by the registered or the exempt
                                                                                                       clearing agencies available to eligible                  On August 2, 2018, Cboe BZX
                                               capacity to support the new options                                                                           Exchange, Inc. (‘‘Exchange’’) filed with
                                               series that will result from this proposal,             contract participants and other market
                                                                                                                                                             the Securities and Exchange
                                               and that the Exchange will monitor the                  participants. We estimate that each
                                                                                                                                                             Commission (‘‘Commission’’ or ‘‘SEC’’),
                                               trading volume associated with the                      registered or exempt clearing agency
                                                                                                                                                             pursuant to Section 19(b)(1) of the
                                               additional options series listed as a                   issuing security-based swaps in its                   Securities Exchange Act of 1934
                                               result of this proposed rule change and                 function as a central counterparty will               (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
                                               the effect (if any) of these additional                 spend approximately 2 hours each time                 proposed rule change to permit the
                                               series on market fragmentation and on                   it provides or update the information in              listing and trading of options that
                                               the capacity of the Exchange’s                          its agreements relating to security-based             overlie the Mini-SPX Index (‘‘XSP
                                               automated systems.44                                    swaps or on its website. We estimate                  options’’), the Russell 2000 Index (‘‘RUT
                                               IV. Conclusion                                          that each registered or exempt clearing               options’’), and the Dow Jones Industrial
                                                                                                       agency will provide or update the                     Average (‘‘DJX options’’). The proposed
                                                 It is therefore ordered, pursuant to                  information approximately 20 times per                rule change was published for comment
                                               Section 19(b)(2) of the Act,45 that the                 year. In addition, we estimate that 75%               in the Federal Register on August 21,
                                               proposed rule change (SR–CboeEDGX–                      of the 2 hours per response (1.5 hours)               2018.3 The Commission received no
                                               2018–035), as modified by Amendment                     is prepared internally by the clearing                comments in response to the Notice. On
                                               Nos. 1 and 3, be approved.                                                                                    September 18, 2018, the Exchange filed
                                                                                                       agency for a total annual reporting
                                                 For the Commission, by the Division of                burden of 180 hours (1.5 hours per                    Amendment No. 1 to the proposal.4 On
                                               Trading and Markets, pursuant to delegated              response × 20 times × 6 respondents).                 September 24, 2018, the Exchange filed
                                               authority.46                                                                                                  Amendment No. 2 to the proposal.5 This
                                               Eduardo A. Aleman,                                         An agency may not conduct or
                                                                                                                                                             order approves the proposed rule
                                               Assistant Secretary.                                    sponsor, and a person is not required to              change, as modified by Amendment
                                               [FR Doc. 2018–21486 Filed 10–2–18; 8:45 am]
                                                                                                       respond to, a collection of information               Nos. 1 and 2 thereto.
                                                                                                       unless it displays a currently valid
                                               BILLING CODE 8011–01–P
                                                                                                       control number.                                       II. Description of the Amended
                                                                                                                                                             Proposal 6
                                                                                                          The public may view the background
                                               SECURITIES AND EXCHANGE                                 documentation for this information                       The Exchange proposes to amend the
                                               COMMISSION                                              collection at the following website,                  Exchange’s index options rules to
                                                                                                       www.reginfo.gov. Comments should be
                                               Submission Collection; Comment                          directed to: (i) Desk Officer for the
                                                                                                                                                               1 15  U.S.C. 78s(b)(1).
                                                                                                                                                               2 17  CFR 240.19b–4.
                                               Request                                                 Securities and Exchange Commission,                      3 See Securities Exchange Act Release No. 83852

                                               Upon Written Request Copies Available                   Office of Information and Regulatory                  (August 15, 2018), 83 FR 42330 (‘‘Notice’’).
                                                From: Securities and Exchange                          Affairs, Office of Management and                        4 Amendment No. 1 provides that the lowest

                                                                                                       Budget, Room 10102, New Executive                     strike price interval that may be listed for XSP
                                                Commission, Office of FOIA Services,                                                                         option series under the Short Term Option Series
                                                100 F Street NE, Washington, DC                        Office Building, Washington, DC 20503,                Program is $0.50. The Exchange notes that this
                                                20549–2736                                             or by sending an email to: Shagufta_                  provision was inadvertently omitted in the initial
                                                                                                       Ahmed@omb.eop.gov; and (ii) Pamela                    filing. Amendment No. 1 is available at https://
                                               Extension:                                                                                                    www.sec.gov/comments/sr-cboebzx-2018-058/
                                                 Rule 239, SEC File No. 270–638, OMB                   Dyson, Director/Chief Information                     srcboebzx2018058-4387759-175584.pdf. Because
                                                   Control No. 3235–0687                               Officer, Securities and Exchange                      Amendment No. 1 does not materially alter the
                                                                                                       Commission, c/o Candace Kenner, 100 F                 substance of the proposed rule change or raise
                                                  Notice is hereby given that, pursuant                                                                      unique or novel regulatory issues, Amendment No.
                                               to the Paperwork Reduction Act of 1995                  Street NE, Washington, DC 20549 or                    1 is not subject to notice and comment.
                                               (44 U.S.C. 3501 et seq.), the Securities                send an email to: PRA_Mailbox@                           5 Amendment No. 2 removes all aspects of the

                                               and Exchange Commission                                 sec.gov. Comments must be submitted to                proposal related to the listing and trading of DJX
                                                                                                       OMB within 30 days of this notice.                    options. Amendment No. 2 is available at https://
                                               (‘‘Commission’’) has submitted to the
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                                                                                                                                                             www.sec.gov/comments/sr-cboebzx-2018-058/
                                               Office of Management and Budget this                      Dated: September 27, 2018.                          srcboebzx2018058-4421264-175677.pdf. Because
                                               request for extension of the previously                 Eduardo A. Aleman,                                    Amendment No. 2 removes all references specific
                                                                                                                                                             to the listing and trading of DJX options from the
                                                                                                       Assistant Secretary.                                  original proposal and does not raise unique or novel
                                                 43 See Notice, supra note 3, at 42349–50.
                                                                                                       [FR Doc. 2018–21510 Filed 10–2–18; 8:45 am]           regulatory issues, Amendment No. 2 is not subject
                                                 44 See id. at 42350.                                                                                        to notice and comment.
                                                 45 15 U.S.C. 78s(b)(2).                               BILLING CODE 8011–01–P                                   6 For a more complete description of the proposed
                                                 46 17 CFR 200.30–3(a)(12).                                                                                  rule change, see Notice, supra note 3; Amendment



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Document Created: 2018-10-03 02:29:49
Document Modified: 2018-10-03 02:29:49
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 49960 

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