83_FR_56347 83 FR 56129 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Operation of its SPXPM Pilot Program

83 FR 56129 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Operation of its SPXPM Pilot Program

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range56129-56131
FR Document2018-24528

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56129-56131]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24528]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84535; File No. SR-CBOE-2018-069]


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

November 5, 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 November 2, 2018, Cboe Exchange, Inc. (``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
filed the proposal as a ``non-controversial'' proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to extend the operation of its SPXPM pilot 
program.
    The text of the proposed rule change is provided below.
(additions are italicized; deletions are [bracketed])
* * * * *

Cboe Exchange, Inc. Rules [sic]

* * * * *
Rule 24.9. Terms of Index Option Contracts
    (No change).
    . . . Interpretations and Policies:
    .01-.13 (No change).
    .14 In addition to A.M.-settled Standard & Poor's 500 Stock Index 
options approved for trading on the Exchange pursuant to Rule 24.9, the 
Exchange may also list options on the S&P 500 Index whose exercise 
settlement value is derived from closing prices on the last trading day 
prior to expiration (P.M.-settled third Friday-of-the-month SPX options 
series). The Exchange may also list options on the Mini-SPX Index 
(``XSP'') whose exercise settlement value is derived from closing 
prices on the last trading day prior to expiration (``P.M.-settled''). 
P.M.-settled third Friday-of-the-month SPX options series and P.M.-
settled XSP options will be listed for trading for a pilot period 
ending [November 5, 2018] May 6, 2019.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On February 8, 2013, the Exchange received approval of a rule 
change that established a Pilot Program that allows the Exchange to 
list options on the S&P 500 Index whose exercise settlement value is 
derived from closing prices on the last trading day prior to expiration 
(``SPXPM'').\5\ On July 31, 2013, the Exchange received approval of a 
rule change that amended the Pilot Program to allow the Exchange to 
list options on the Mini-SPX Index (``XSP'') whose exercise settlement 
value is derived from closing prices on the last trading day prior to 
expiration (``P.M.-settled'') \6\ (together, SPXPM and P.M.-settled XSP 
to be referred to herein as the ``Pilot Products'').\7\ The Exchange 
has extended the pilot period five times, which is currently set to 
expire on the earlier of November 5, 2018 or the date on which the 
pilot program is approved on a permanent basis.\8\ The Exchange

[[Page 56130]]

hereby proposes to further extend the end date of the pilot period to 
May 6, 2019.
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    \5\ See Securities Exchange Act Release No. 68888 (February 8, 
2013), 78 FR 10668 (February 14, 2013) (SR-CBOE-2012-120) (the 
``SPXPM Approval Order''). Pursuant to Securities Exchange Act 
Release No. 80060 (February 17, 2017), 82 FR 11673 (February 24, 
2017) (SR-CBOE-2016-091), the Exchange moved third-Friday P.M.-
settled options into the S&P 500 Index options class, and as a 
result, the trading symbol for P.M.-settled S&P 500 Index options 
that have standard third Friday-of-the-month expirations changed 
from ``SPXPM'' to ``SPXW.'' This change went into effect on May 1, 
2017, pursuant to Cboe Options Regulatory Circular RG17-054.
    \6\ See Securities Exchange Act Release No. 70087 (July 31, 
2013), 78 FR 47809 (August 6, 2013) (SR-CBOE-2013-055) (the ``P.M.-
settled XSP Approval Order'').
    \7\ For more information on the Pilot Products or the Pilot 
Program, see the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order.
    \8\ See Securities Exchange Act Release Nos. 71424 (January 28, 
2014), 79 FR 6249 (February 3, 2014) (SR-CBOE-2014-004); 73338 
(October 10, 2014), 79 FR 62502 (October 17, 2014) (SR-CBOE-2014-
076); 77573 (April 8, 2016), 81 FR 22148 (April 14, 2016) (SR-CBOE-
2016-036); 80386 (April 6, 2017), 82 FR 17704 (April 12, 2017) (SR-
CBOE-2017-025); and 83166 (May 3, 2018), 83 FR 21324 (May 9, 2018) 
(SR-CBOE-2018-036).
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    During the course of the Pilot Program and in support of the 
extensions of the Pilot Program, the Exchange submits to the Securities 
and Exchange Commission (the ``Commission'') reports regarding the 
Pilot Program that detail the Exchange's experience with the Pilot 
Program, pursuant to the SPXPM Approval Order and the P.M.-settled XSP 
Approval Order. Specifically, the Exchange submits annual Pilot Program 
reports to the Commission that contain an analysis of volume, open 
interest, and trading patterns. The analysis examines trading in Pilot 
Products as well as trading in the securities that comprise the 
underlying index. Additionally, for series that exceed certain minimum 
open interest parameters, the annual reports provide analysis of index 
price volatility and share trading activity. The Exchange also submits 
periodic interim reports that contain some, but not all, of the 
information contained in the annual reports. In providing the annual 
and periodic interim reports (the ``pilot reports'') to the Commission, 
the Exchange has previously requested confidential treatment of the 
pilot reports under the Freedom of Information Act (``FOIA'').\9\
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    \9\ 5 U.S.C. 552.
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    The pilot reports both contain the following volume and open 
interest data:
    (1) Monthly volume aggregated for all trades;
    (2) monthly volume aggregated by expiration date;
    (3) monthly volume for each individual series;
    (4) month-end open interest aggregated for all series;
    (5) month-end open interest for all series aggregated by expiration 
date; and
    (6) month-end open interest for each individual series.
    The annual reports also contain the information noted in Items (1) 
through (6) above for Expiration Friday, A.M.-settled, S&P 500 index 
options traded on Cboe Options, as well as the following analysis of 
trading patterns in the Pilot Products options series in the Pilot 
Program:
    (1) A time series analysis of open interest; and
    (2) an analysis of the distribution of trade sizes.
    Finally, for series that exceed certain minimum parameters, the 
annual reports contain the following analysis related to index price 
changes and underlying share trading volume at the close on Expiration 
Fridays:
    (1) A comparison of index price changes at the close of trading on 
a given Expiration Friday with comparable price changes from a control 
sample. The data includes a calculation of percentage price changes for 
various time intervals and compare that information to the respective 
control sample. Raw percentage price change data as well as percentage 
price change data normalized for prevailing market volatility, as 
measured by the Cboe Volatility Index (VIX), is provided; and
    (2) a calculation of share volume for a sample set of the component 
securities representing an upper limit on share trading that could be 
attributable to expiring in-the-money series. The data includes a 
comparison of the calculated share volume for securities in the sample 
set to the average daily trading volumes of those securities over a 
sample period.
    The minimum open interest parameters, control sample, time 
intervals, method for randomly selecting the component securities, and 
sample periods are determined by the Exchange and the Commission. In 
proposing to extend the Pilot Program, the Exchange will continue to 
abide by the reporting requirements described herein, as well as in the 
SPXPM Approval Order and the P.M.-settled XSP Approval Order.\10\ 
Additionally, the Exchange will provide the Commission with any 
additional data or analyses the Commission requests because it deems 
such data or analyses necessary to determine whether the Pilot Program 
is consistent with the Exchange Act. The Exchange is in the process of 
making public on its website data and analyses previously submitted to 
the Commission under the Pilot Program, which it expects to complete in 
the fourth quarter of 2018, and will make public any data and analyses 
it submits to the Commission under the Pilot Program in the future.
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    \10\ Pursuant to Securities Exchange Act Release No. 75914 
(September 14, 2015), 80 FR 56522 (September 18, 2015) (SR-CBOE-
2015-079), the Exchange added SPXPM and P.M.-settled XSP options to 
the list of products approved for trading during Extended Trading 
Hours (``ETH''). The Exchange will also include the applicable 
information regarding SPXPM and P.M.-settled XSP options that trade 
during ETH in its annual and interim reports.
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    The Exchange proposes the extension of the Pilot Program in order 
to continue to give the Commission more time to consider the impact of 
the Pilot Program. To this point, Cboe Options believes that the Pilot 
Program has been well-received by its Trading Permit Holders and the 
investing public, and the Exchange would like to continue to provide 
investors with the ability to trade SPXPM and P.M.-settled XSP options. 
All terms regarding the trading of the Pilot Products shall continue to 
operate as described in the SPXPM Approval Order and the P.M.-settled 
XSP Approval Order. The Exchange merely proposes herein to extend the 
term of the Pilot Program to May 6, 2019.
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.\11\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \12\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \13\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
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    In particular, the Exchange believes that the proposed extension of 
the Pilot Program will continue to provide greater opportunities for 
investors. Further, the Exchange believes that it has not experienced 
any adverse effects or meaningful regulatory concerns from the 
operation of the Pilot Program. As such, the Exchange believes that the 
extension of the Pilot Program does not raise any unique or prohibitive 
regulatory concerns. Also, the Exchange believes that such trading has 
not, and will not, adversely impact fair and orderly markets on 
Expiration Fridays for the underlying stocks comprising the S&P 500 
index. The extension of the Pilot Program will continue to provide 
investors with the opportunity to trade the desirable products of SPXPM 
and

[[Page 56131]]

P.M.-settled XSP, while also providing the Commission further 
opportunity to observe such trading of the Pilot Products.

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

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

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

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

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange states that waiver of the 30-day operative delay 
will allow it to extend the Pilot Program prior to its expiration on 
November 5, 2018, and maintain the status quo, thereby reducing market 
disruption. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest, as it will allow the Pilot Program to continue uninterrupted, 
thereby avoiding investor confusion that could result from a temporary 
interruption in the Pilot Program. For this reason, the Commission 
designates the proposed rule change to be operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the 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-2018-069 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-2018-069. 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 a.m. and 3 
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-2018-069, and should be submitted 
on or before November 30, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24528 Filed 11-8-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                                   56129

                                               Commission, 100 F Street NE,                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  at the Commission’s Public Reference
                                               Washington, DC 20549–1090.                                notice is hereby given that on November                  Room.
                                               All submissions should refer to File                      2, 2018, Cboe Exchange, Inc.
                                                                                                                                                                  II. Self-Regulatory Organization’s
                                               Number SR–NASDAQ–2018–081. This                           (‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                                                                                                                                                  Statement of the Purpose of, and
                                               file number should be included on the                     with the Securities and Exchange                         Statutory Basis for, the Proposed Rule
                                               subject line if email is used. To help the                Commission (‘‘Commission’’) the                          Change
                                               Commission process and review your                        proposed rule change as described in
                                               comments more efficiently, please use                     Items I and II below, which Items have                      In its filing with the Commission, the
                                               only one method. The Commission will                      been prepared by the Exchange. The                       Exchange included statements
                                               post all comments on the Commission’s                     Exchange filed the proposal as a ‘‘non-                  concerning the purpose of and basis for
                                               internet website (http://www.sec.gov/                     controversial’’ proposed rule change                     the proposed rule change and discussed
                                               rules/sro.shtml). Copies of the                           pursuant to Section 19(b)(3)(A)(iii) of                  any comments it received on the
                                               submission, all subsequent                                the Act 3 and Rule 19b–4(f)(6)                           proposed rule change. The text of these
                                               amendments, all written statements                        thereunder.4 The Commission is                           statements may be examined at the
                                               with respect to the proposed rule                         publishing this notice to solicit                        places specified in Item IV below. The
                                                                                                         comments on the proposed rule change                     Exchange has prepared summaries, set
                                               change that are filed with the
                                                                                                         from interested persons.                                 forth in sections A, B, and C below, of
                                               Commission, and all written
                                                                                                                                                                  the most significant aspects of such
                                               communications relating to the                            I. Self-Regulatory Organization’s                        statements.
                                               proposed rule change between the                          Statement of the Terms of Substance of
                                               Commission and any person, other than                     the Proposed Rule Change                                 A. Self-Regulatory Organization’s
                                               those that may be withheld from the                                                                                Statement of the Purpose of, and
                                               public in accordance with the                                The Exchange proposes to extend the                   Statutory Basis for, the Proposed Rule
                                               provisions of 5 U.S.C. 552, will be                       operation of its SPXPM pilot program.                    Change
                                               available for website viewing and                            The text of the proposed rule change
                                                                                                         is provided below.                                       1. Purpose
                                               printing in the Commission’s Public
                                               Reference Room, 100 F Street NE,                          (additions are italicized; deletions are                    On February 8, 2013, the Exchange
                                               Washington, DC 20549 on official                          [bracketed])                                             received approval of a rule change that
                                               business days between the hours of 10                                                                              established a Pilot Program that allows
                                               a.m. and 3 p.m. Copies of such filing                     *          *     *       *      *                        the Exchange to list options on the S&P
                                               also will be available for inspection and                 Cboe Exchange, Inc. Rules [sic]                          500 Index whose exercise settlement
                                               copying at the principal office of the                                                                             value is derived from closing prices on
                                                                                                         *          *     *       *      *                        the last trading day prior to expiration
                                               Exchange. All comments received will
                                               be posted without change. Persons                         Rule 24.9. Terms of Index Option                         (‘‘SPXPM’’).5 On July 31, 2013, the
                                               submitting comments are cautioned that                    Contracts                                                Exchange received approval of a rule
                                               we do not redact or edit personal                                                                                  change that amended the Pilot Program
                                                                                                            (No change).                                          to allow the Exchange to list options on
                                               identifying information from comment                         . . . Interpretations and Policies:
                                               submissions. You should submit only                                                                                the Mini-SPX Index (‘‘XSP’’) whose
                                                                                                            .01–.13 (No change).                                  exercise settlement value is derived
                                               information that you wish to make                            .14 In addition to A.M.-settled
                                               available publicly. All submissions                                                                                from closing prices on the last trading
                                                                                                         Standard & Poor’s 500 Stock Index                        day prior to expiration (‘‘P.M.-settled’’) 6
                                               should refer to File Number SR–                           options approved for trading on the
                                               NASDAQ–2018–081, and should be                                                                                     (together, SPXPM and P.M.-settled XSP
                                                                                                         Exchange pursuant to Rule 24.9, the                      to be referred to herein as the ‘‘Pilot
                                               submitted on or before November 30,                       Exchange may also list options on the
                                               2018.                                                                                                              Products’’).7 The Exchange has
                                                                                                         S&P 500 Index whose exercise                             extended the pilot period five times,
                                                 For the Commission, by the Division of                  settlement value is derived from closing                 which is currently set to expire on the
                                               Trading and Markets, pursuant to delegated                prices on the last trading day prior to                  earlier of November 5, 2018 or the date
                                               authority.18                                              expiration (P.M.-settled third Friday-of-                on which the pilot program is approved
                                               Eduardo A. Aleman,                                        the-month SPX options series). The                       on a permanent basis.8 The Exchange
                                               Assistant Secretary.                                      Exchange may also list options on the
                                               [FR Doc. 2018–24525 Filed 11–8–18; 8:45 am]               Mini-SPX Index (‘‘XSP’’) whose exercise                     5 See Securities Exchange Act Release No. 68888

                                               BILLING CODE 8011–01–P                                    settlement value is derived from closing                 (February 8, 2013), 78 FR 10668 (February 14, 2013)
                                                                                                         prices on the last trading day prior to                  (SR–CBOE–2012–120) (the ‘‘SPXPM Approval
                                                                                                                                                                  Order’’). Pursuant to Securities Exchange Act
                                                                                                         expiration (‘‘P.M.-settled’’). P.M.-settled              Release No. 80060 (February 17, 2017), 82 FR 11673
                                               SECURITIES AND EXCHANGE                                   third Friday-of-the-month SPX options                    (February 24, 2017) (SR–CBOE–2016–091), the
                                               COMMISSION                                                series and P.M.-settled XSP options will                 Exchange moved third-Friday P.M.-settled options
                                                                                                         be listed for trading for a pilot period                 into the S&P 500 Index options class, and as a
                                               [Release No. 34–84535; File No. SR–CBOE–                                                                           result, the trading symbol for P.M.-settled S&P 500
                                               2018–069]
                                                                                                         ending [November 5, 2018] May 6, 2019.                   Index options that have standard third Friday-of-
                                                                                                         *      *     *     *     *                               the-month expirations changed from ‘‘SPXPM’’ to
                                               Self-Regulatory Organizations; Cboe                          The text of the proposed rule change                  ‘‘SPXW.’’ This change went into effect on May 1,
                                                                                                                                                                  2017, pursuant to Cboe Options Regulatory Circular
                                               Exchange, Inc.; Notice of Filing and                      is also available on the Exchange’s                      RG17–054.
                                               Immediate Effectiveness of a Proposed                     website (http://www.cboe.com/                               6 See Securities Exchange Act Release No. 70087
khammond on DSK30JT082PROD with NOTICES




                                               Rule Change To Extend the Operation                       AboutCBOE/CBOELegal                                      (July 31, 2013), 78 FR 47809 (August 6, 2013) (SR–
                                               of its SPXPM Pilot Program                                RegulatoryHome.aspx), at the                             CBOE–2013–055) (the ‘‘P.M.-settled XSP Approval
                                                                                                                                                                  Order’’).
                                                                                                         Exchange’s Office of the Secretary, and                     7 For more information on the Pilot Products or
                                               November 5, 2018.
                                                                                                                                                                  the Pilot Program, see the SPXPM Approval Order
                                                 Pursuant to Section 19(b)(1) of the                         1 15 U.S.C. 78s(b)(1).                               and the P.M.-settled XSP Approval Order.
                                               Securities Exchange Act of 1934                               2 17 CFR 240.19b–4.                                     8 See Securities Exchange Act Release Nos. 71424
                                                                                                             3 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                                                                                  (January 28, 2014), 79 FR 6249 (February 3, 2014)
                                                 18 17   CFR 200.30–3(a)(12).                                4 17 CFR 240.19b–4(f)(6).                                                                      Continued




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                                               56130                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               hereby proposes to further extend the                      Finally, for series that exceed certain             believes that the Pilot Program has been
                                               end date of the pilot period to May 6,                  minimum parameters, the annual                         well-received by its Trading Permit
                                               2019.                                                   reports contain the following analysis                 Holders and the investing public, and
                                                  During the course of the Pilot Program               related to index price changes and                     the Exchange would like to continue to
                                               and in support of the extensions of the                 underlying share trading volume at the                 provide investors with the ability to
                                               Pilot Program, the Exchange submits to                  close on Expiration Fridays:                           trade SPXPM and P.M.-settled XSP
                                               the Securities and Exchange                                (1) A comparison of index price                     options. All terms regarding the trading
                                               Commission (the ‘‘Commission’’)                         changes at the close of trading on a                   of the Pilot Products shall continue to
                                               reports regarding the Pilot Program that                given Expiration Friday with                           operate as described in the SPXPM
                                               detail the Exchange’s experience with                   comparable price changes from a control                Approval Order and the P.M.-settled
                                               the Pilot Program, pursuant to the                      sample. The data includes a calculation                XSP Approval Order. The Exchange
                                               SPXPM Approval Order and the P.M.-                      of percentage price changes for various                merely proposes herein to extend the
                                               settled XSP Approval Order.                             time intervals and compare that                        term of the Pilot Program to May 6,
                                               Specifically, the Exchange submits                      information to the respective control                  2019.
                                               annual Pilot Program reports to the                     sample. Raw percentage price change
                                               Commission that contain an analysis of                  data as well as percentage price change                2. Statutory Basis
                                               volume, open interest, and trading                      data normalized for prevailing market                     The Exchange believes the proposed
                                               patterns. The analysis examines trading                 volatility, as measured by the Cboe                    rule change is consistent with the
                                               in Pilot Products as well as trading in                 Volatility Index (VIX), is provided; and               Securities Exchange Act of 1934 (the
                                               the securities that comprise the                           (2) a calculation of share volume for               ‘‘Act’’) and the rules and regulations
                                               underlying index. Additionally, for                     a sample set of the component securities               thereunder applicable to the Exchange
                                               series that exceed certain minimum                      representing an upper limit on share                   and, in particular, the requirements of
                                               open interest parameters, the annual                    trading that could be attributable to                  Section 6(b) of the Act.11 Specifically,
                                               reports provide analysis of index price                 expiring in-the-money series. The data                 the Exchange believes the proposed rule
                                               volatility and share trading activity. The              includes a comparison of the calculated                change is consistent with the Section
                                               Exchange also submits periodic interim                  share volume for securities in the                     6(b)(5) 12 requirements that the rules of
                                               reports that contain some, but not all, of              sample set to the average daily trading                an exchange be designed to prevent
                                               the information contained in the annual                 volumes of those securities over a                     fraudulent and manipulative acts and
                                               reports. In providing the annual and                    sample period.                                         practices, to promote just and equitable
                                               periodic interim reports (the ‘‘pilot                      The minimum open interest                           principles of trade, to foster cooperation
                                               reports’’) to the Commission, the                       parameters, control sample, time                       and coordination with persons engaged
                                               Exchange has previously requested                       intervals, method for randomly selecting               in regulating, clearing, settling,
                                               confidential treatment of the pilot                     the component securities, and sample                   processing information with respect to,
                                               reports under the Freedom of                            periods are determined by the Exchange                 and facilitating transactions in
                                               Information Act (‘‘FOIA’’).9                            and the Commission. In proposing to                    securities, to remove impediments to
                                                  The pilot reports both contain the                   extend the Pilot Program, the Exchange                 and perfect the mechanism of a free and
                                               following volume and open interest                      will continue to abide by the reporting                open market and a national market
                                               data:                                                   requirements described herein, as well                 system, and, in general, to protect
                                                  (1) Monthly volume aggregated for all                as in the SPXPM Approval Order and                     investors and the public interest.
                                               trades;                                                 the P.M.-settled XSP Approval Order.10                 Additionally, the Exchange believes the
                                                  (2) monthly volume aggregated by                     Additionally, the Exchange will provide                proposed rule change is consistent with
                                               expiration date;                                        the Commission with any additional                     the Section 6(b)(5) 13 requirement that
                                                  (3) monthly volume for each                          data or analyses the Commission                        the rules of an exchange not be designed
                                               individual series;                                      requests because it deems such data or                 to permit unfair discrimination between
                                                  (4) month-end open interest                          analyses necessary to determine                        customers, issuers, brokers, or dealers.
                                               aggregated for all series;                              whether the Pilot Program is consistent                   In particular, the Exchange believes
                                                  (5) month-end open interest for all                  with the Exchange Act. The Exchange is                 that the proposed extension of the Pilot
                                               series aggregated by expiration date; and               in the process of making public on its                 Program will continue to provide greater
                                                  (6) month-end open interest for each                 website data and analyses previously                   opportunities for investors. Further, the
                                               individual series.                                      submitted to the Commission under the
                                                  The annual reports also contain the                                                                         Exchange believes that it has not
                                                                                                       Pilot Program, which it expects to                     experienced any adverse effects or
                                               information noted in Items (1) through                  complete in the fourth quarter of 2018,
                                               (6) above for Expiration Friday, A.M.-                                                                         meaningful regulatory concerns from
                                                                                                       and will make public any data and                      the operation of the Pilot Program. As
                                               settled, S&P 500 index options traded                   analyses it submits to the Commission
                                               on Cboe Options, as well as the                                                                                such, the Exchange believes that the
                                                                                                       under the Pilot Program in the future.                 extension of the Pilot Program does not
                                               following analysis of trading patterns in                  The Exchange proposes the extension
                                               the Pilot Products options series in the                                                                       raise any unique or prohibitive
                                                                                                       of the Pilot Program in order to continue              regulatory concerns. Also, the Exchange
                                               Pilot Program:                                          to give the Commission more time to
                                                  (1) A time series analysis of open                                                                          believes that such trading has not, and
                                                                                                       consider the impact of the Pilot                       will not, adversely impact fair and
                                               interest; and                                           Program. To this point, Cboe Options
                                                  (2) an analysis of the distribution of                                                                      orderly markets on Expiration Fridays
                                               trade sizes.                                              10 Pursuant to Securities Exchange Act Release
                                                                                                                                                              for the underlying stocks comprising the
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                                                                                                       No. 75914 (September 14, 2015), 80 FR 56522
                                                                                                                                                              S&P 500 index. The extension of the
                                               (SR–CBOE–2014–004); 73338 (October 10, 2014), 79        (September 18, 2015) (SR–CBOE–2015–079), the           Pilot Program will continue to provide
                                               FR 62502 (October 17, 2014) (SR–CBOE–2014–076);         Exchange added SPXPM and P.M.-settled XSP              investors with the opportunity to trade
                                               77573 (April 8, 2016), 81 FR 22148 (April 14, 2016)     options to the list of products approved for trading   the desirable products of SPXPM and
                                               (SR–CBOE–2016–036); 80386 (April 6, 2017), 82 FR        during Extended Trading Hours (‘‘ETH’’). The
                                               17704 (April 12, 2017) (SR–CBOE–2017–025); and          Exchange will also include the applicable
                                                                                                                                                               11 15    U.S.C. 78f(b).
                                               83166 (May 3, 2018), 83 FR 21324 (May 9, 2018)          information regarding SPXPM and P.M.-settled XSP
                                               (SR–CBOE–2018–036).                                                                                             12 15    U.S.C. 78f(b)(5).
                                                                                                       options that trade during ETH in its annual and
                                                 9 5 U.S.C. 552.                                       interim reports.                                        13 Id.




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                                                                            Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                                   56131

                                               P.M.-settled XSP, while also providing                  effective pursuant to Section 19(b)(3)(A)               All submissions should refer to File
                                               the Commission further opportunity to                   of the Act 14 and Rule 19b–4(f)(6)(iii)                 Number SR–CBOE–2018–069. This file
                                               observe such trading of the Pilot                       thereunder.15                                           number should be included on the
                                               Products.                                                  The Exchange has asked the                           subject line if email is used. To help the
                                                                                                       Commission to waive the 30-day                          Commission process and review your
                                               B. Self-Regulatory Organization’s
                                               Statement on Burden on Competition                      operative delay so that the proposal may                comments more efficiently, please use
                                                                                                       become operative immediately upon                       only one method. The Commission will
                                                  Cboe Options does not believe that                   filing. The Exchange states that waiver                 post all comments on the Commission’s
                                               the proposed rule change will impose                    of the 30-day operative delay will allow                internet website (http://www.sec.gov/
                                               any burden on competition that is not                   it to extend the Pilot Program prior to                 rules/sro.shtml). Copies of the
                                               necessary or appropriate in furtherance                 its expiration on November 5, 2018, and                 submission, all subsequent
                                               of the purposes of the Act. The                         maintain the status quo, thereby                        amendments, all written statements
                                               Exchange does not believe the                           reducing market disruption. The                         with respect to the proposed rule
                                               continuation of the Pilot Program will                  Commission believes that waiving the                    change that are filed with the
                                               impose any unnecessary or                               30-day operative delay is consistent                    Commission, and all written
                                               inappropriate burden on intramarket                     with the protection of investors and the                communications relating to the
                                               competition because it will continue to                 public interest, as it will allow the Pilot             proposed rule change between the
                                               apply equally to all Cboe Options                       Program to continue uninterrupted,                      Commission and any person, other than
                                               market participants, and the Pilot                      thereby avoiding investor confusion that                those that may be withheld from the
                                               Products will be available to all Cboe                  could result from a temporary                           public in accordance with the
                                               Options market participants. The                        interruption in the Pilot Program. For                  provisions of 5 U.S.C. 552, will be
                                               Exchange believes there is sufficient                   this reason, the Commission designates                  available for website viewing and
                                               investor interest and demand in the                     the proposed rule change to be operative                printing in the Commission’s Public
                                               Pilot Program to warrant its extension.                 upon filing.16                                          Reference Room, 100 F Street NE,
                                               The Exchange believes that, for the                        At any time within 60 days of the                    Washington, DC 20549, on official
                                               period that the Pilot Program has been                  filing of the proposed rule change, the                 business days between the hours of 10
                                               in operation, it has provided investors                 Commission summarily may                                a.m. and 3 p.m. Copies of the filing also
                                               with desirable products with which to                   temporarily suspend such rule change if                 will be available for inspection and
                                               trade. Furthermore, the Exchange                        it appears to the Commission that such                  copying at the principal office of the
                                               believes that it has not experienced any                action is necessary or appropriate in the               Exchange. All comments received will
                                               adverse market effects or regulatory                    public interest, for the protection of                  be posted without change. Persons
                                               concerns with respect to the Pilot                      investors, or otherwise in furtherance of               submitting comments are cautioned that
                                               Program. The Exchange further does not                  the purposes of the Act.                                we do not redact or edit personal
                                               believe that the proposed extension of                                                                          identifying information from comment
                                               the Pilot Program will impose any                       IV. Solicitation of Comments
                                                                                                                                                               submissions. You should submit only
                                               burden on intermarket competition that                    Interested persons are invited to                     information that you wish to make
                                               is not necessary or appropriate in                      submit written data, views, and                         available publicly. All submissions
                                               furtherance of the purposes of the Act                  arguments concerning the foregoing,                     should refer to File Number SR–CBOE–
                                               because it only applies to trading on                   including whether the proposed rule                     2018–069, and should be submitted on
                                               Cboe Options. To the extent that the                    change is consistent with the Act.                      or before November 30, 2018.
                                               continued trading of the Pilot Products                 Comments may be submitted by any of
                                               may make Cboe Options a more                                                                                      For the Commission, by the Division of
                                                                                                       the following methods:                                  Trading and Markets, pursuant to delegated
                                               attractive marketplace to market
                                                                                                       Electronic Comments                                     authority.17
                                               participants at other exchanges, such
                                                                                                                                                               Eduardo A. Aleman,
                                               market participants may elect to become                   • Use the Commission’s internet
                                               Cboe Options market participants.                                                                               Assistant Secretary.
                                                                                                       comment form (http://www.sec.gov/
                                                                                                                                                               [FR Doc. 2018–24528 Filed 11–8–18; 8:45 am]
                                               C. Self-Regulatory Organization’s                       rules/sro.shtml); or
                                               Statement on Comments on the                              • Send an email to rule-comments@                     BILLING CODE 8011–01–P

                                               Proposed Rule Change Received From                      sec.gov. Please include File Number SR–
                                               Members, Participants, or Others                        CBOE–2018–069 on the subject line.
                                                                                                                                                               SMALL BUSINESS ADMINISTRATION
                                                 The Exchange neither solicited nor                    Paper Comments
                                               received comments on the proposed                                                                               [Disaster Declaration #15688 and #15689;
                                                                                                         • Send paper comments in triplicate                   MINNESOTA Disaster Number MN–00063]
                                               rule change.                                            to Secretary, Securities and Exchange
                                               III. Date of Effectiveness of the                       Commission, 100 F Street NE,                            Presidential Declaration Amendment of
                                               Proposed Rule Change and Timing for                     Washington, DC 20549–1090.                              a Major Disaster for Public Assistance
                                               Commission Action                                                                                               Only for the State of MINNESOTA
                                                                                                         14 15  U.S.C. 78s(b)(3)(A).
                                                  Because the proposed rule change                       15 17  CFR 240.19b–4(f)(6)(iii). As required under    AGENCY: U.S. Small Business
                                               does not (i) significantly affect the                   Rule 19b–4(f)(6)(iii), the Exchange provided the        Administration.
                                               protection of investors or the public                   Commission with written notice of its intent to file
                                                                                                                                                               ACTION: Amendment 1.
                                               interest; (ii) impose any significant                   the proposed rule change, along with a brief
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                                                                                                       description and the text of the proposed rule
                                               burden on competition; and (iii) become                 change, at least five business days prior to the date   SUMMARY:   This is an amendment of the
                                               operative for 30 days from the date on                  of filing of the proposed rule change, or such          Presidential declaration of a major
                                               which it was filed, or such shorter time                shorter time as designated by the Commission.           disaster for Public Assistance Only for
                                                                                                          16 For purposes only of waiving the 30-day
                                               as the Commission may designate if                                                                              the State of MINNESOTA (FEMA–4390–
                                                                                                       operative delay, the Commission has also
                                               consistent with the protection of                       considered the proposed rule’s impact on                DR), dated 09/05/2018.
                                               investors and the public interest, the                  efficiency, competition, and capital formation. See
                                               proposed rule change has become                         15 U.S.C. 78c(f).                                         17 17   CFR 200.30–3(a)(12).



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Document Created: 2018-11-09 03:33:57
Document Modified: 2018-11-09 03:33:57
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 56129 

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