83_FR_63145 83 FR 62911 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 19.8, Long-Term Options Contracts

83 FR 62911 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 19.8, Long-Term Options Contracts

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62911-62913
FR Document2018-26513

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62911-62913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26513]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84695; File No. SR-CboeBZX-2018-084]


Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 19.8, Long-Term Options Contracts

November 30, 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 23, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX 
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 
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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX Options'') 
proposes to amend Rule 19.8, Long-Term Options Contracts. The text of 
the proposed rule change is provided below.
    (additions are italicized; deletions are [bracketed])
* * * * *
Rules of Cboe BZX Exchange, Inc.
* * * * *
Rule 19.8. Long-Term Options Contracts
    [(a)] Notwithstanding conflicting language in Rule 19.6 (Series of 
Options Contracts Open for Trading), the Exchange may list long-term 
options contracts that expire from twelve (12) to thirty-nine (39) 
months from the time they are listed. There may be up to ten (10) 
additional expiration months for options on SPY and up to six (6) 
additional expiration months for all other option classes. Strike price 
interval, bid/ask differential and continuity rules shall not apply to 
such options series until the time to expiration is less than nine (9) 
months.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 19.8, Long-Term Option 
Contracts, to permit the listing and trading of up to ten (10) long-
term expiration months for long-term options on the SPDR[supreg] S&P 
500[supreg] exchange-traded fund (``SPY'') in response to customer 
demand.\3\ Rule 19.8 currently provides that the Exchange may list 
long-term option contracts that expire from twelve (12) to thirty-nine 
(39) months from the time they are listed (``long-term expiration 
months''). There may be up to six (6) long-term expiration months per 
option class.\4\ The proposal will add liquidity to the SPY options 
market by allowing market participants to hedge risks relating to SPY 
positions over a longer period with a known and limited cost.
---------------------------------------------------------------------------

    \3\ The proposed rule change also deletes the paragraph letter 
(a) in Rule 19.8, as there is only one paragraph in the Rule, making 
a paragraph letter unnecessary. In contrast to Rule 19.8, Rule 
29.11(b)(1)(A) (which applies to index options) permits the Exchange 
to list long-term index options series based on either the full or 
reduced value of the underlying index, adding up to ten (10) 
expiration months. The Exchange seeks to list ten (10) long-term 
expiration months on SPY, just as it now may list ten (10) 
expiration months on long-term index option series, in order to 
provide investors with a wider choice of investments.
    \4\ Pursuant to rule 19.8, strike price interval, bid/ask 
differential, and continuity rules do not apply to such options 
series until the time to expiration is less than nine (9) months.
---------------------------------------------------------------------------

    The SPY options market today is characterized by its tremendous 
daily and annual liquidity. As a consequence, the Exchange believes 
that the listing of additional SPY long-term expiration months would be 
well received by investors. This proposal to expand the number of 
permitted SPY long-term expiration months would not apply to long-term 
expiration months on any other class of options.\5\
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    \5\ Historically, SPY is the largest and most actively traded 
ETF in the United States as measured by its assets under management 
and the value of shares traded.
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    The Exchange proposes to implement the proposed rule change on the 
date of this rule filing.
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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ 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

[[Page 62912]]

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) \8\ requirement that the rules of an exchange not be designed 
to permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In particular, the proposed rule change offers market participants 
additional long-term expiration months on SPY options for their 
investment and risk management purposes. The proposal is intended 
simply to provide additional trading opportunities which have been 
requested by customers, thereby facilitating transactions in options 
and contributing to the protection of investors and the maintenance of 
fair and orderly markets. The proposed rule change responds to the 
continuing needs of market participants, particularly portfolio 
managers and other institutional customers, by providing protection 
from long-term market moves and by offering an alternative to hedging 
portfolios with future positions or off-exchange customized derivative 
instruments.
    Rule 19.8 has permitted up to six (6) long-term expiration months 
in option classes since the launch of BZX Options in 2010. Other 
exchanges, such as Nasdaq PHLX LLC (``Phlx''), have permitted up to six 
``LEAPS'' since 1991, when it increased the number of permissible 
expiration months from four to six. As noted by Phlx (in its recent 
proposal to permit up to ten LEAPS expiration months for options on 
SPY), when the Securities and Exchange Commission (the ``Commission'') 
approved the increase to six expiration months, the Commission stated 
that it did not believe that increasing the number of expiration months 
to six would cause, by itself, a proliferation of expiration months. 
The Commission also required that Phlx monitor the volume of additional 
options series listed as a result of the rule change, and the effect on 
Phlx's system capacity and quotation dissemination displays.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 84449 (October 18, 
2018), 83 FR 53699 (October 24, 2018)(SR-Phlx-2018-64); see also 
Securities Exchange Act Release No. 29103 (April 18, 1991), 56 FR 
19132 (April 25, 1991) (approving SR-Phlx-91-18).
---------------------------------------------------------------------------

    The Exchange believes that the addition today of four (4) 
additional long-term expiration months on SPY options likewise does not 
represent a proliferation of expiration months, but is instead a very 
modest expansion of long-term options in response to stated customer 
demand. Significantly, the proposal would feature new long-term 
expiration months in only a single class of options that are very 
liquid and heavily traded, as discussed above. Additionally, the 
Exchange notes by way of precedent, that ten (10) expiration months are 
already permitted for long-term index options series. Further, the 
Exchange has the necessary systems capacity to support the new SPY 
long-term expiration months.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposal merely provides 
investors additional investment and risk management opportunities by 
providing flexibility to the Exchange to list additional long-term 
options expiration series, expanding the number of SPY long-term 
expiration months offered on the Exchange from six (6) long-term 
expiration months to ten (10) long-term expiration months. Other 
options exchanges currently permit the listing of ten (10) long-term 
expiration months for SPY.\10\
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    \10\ See, e.g., Phlx Rule 1012(a)(i)(D); Miami International 
Securities Exchange, LLC (``MIAX'') Rule 406(a); and NYSE Arca, Inc. 
(``Arca'') Rule 6.4-O(d)(i).
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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 foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and 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 Commission has waived this requirement in this case.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative upon filing. The Exchange's proposal would conform 
the Exchange's rules relating to the permitted number of long term 
expiration months for long-term options on SPY to those of other 
exchanges.\15\ Accordingly, the Commission believes that the proposal 
raises no new or novel regulatory issues, and waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest. The Commission therefore waives the 30-day operative 
delay and designates the proposal operative upon filing.\16\
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    \13\ Id.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra note 10.
    \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-CboeBZX-2018-084 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-CboeBZX-2018-084. This 
file number should be included on the

[[Page 62913]]

subject line if email is used. To help the Commission process and 
review your comments more efficiently, please use only one method. The 
Commission will post all comments on the Commission's internet website 
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all 
subsequent amendments, all written statements with respect to the 
proposed rule change that are filed with the Commission, and all 
written communications relating to the proposed rule change between the 
Commission and any person, other than those that may be withheld from 
the public in accordance with the provisions of 5 U.S.C. 552, will be 
available for website viewing and printing in the Commission's Public 
Reference Room, 100 F Street NE, Washington, DC 20549 on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
the filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change. Persons submitting comments are cautioned that we do 
not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-
CboeBZX-2018-084, and should be submitted on or before December 27, 
2018.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26513 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                      62911

                                               POSTAL SERVICE                                             I. Self-Regulatory Organization’s                     for long-term options on the SPDR® S&P
                                                                                                          Statement of the Terms of Substance of                500® exchange-traded fund (‘‘SPY’’) in
                                               Product Change—Priority Mail                               the Proposed Rule Change                              response to customer demand.3 Rule
                                               Negotiated Service Agreement                                                                                     19.8 currently provides that the
                                                                                                             Cboe BZX Exchange, Inc. (the
                                                                                                          ‘‘Exchange’’ or ‘‘BZX Options’’)                      Exchange may list long-term option
                                               AGENCY:       Postal ServiceTM.                                                                                  contracts that expire from twelve (12) to
                                                                                                          proposes to amend Rule 19.8, Long-
                                               ACTION:     Notice.                                                                                              thirty-nine (39) months from the time
                                                                                                          Term Options Contracts. The text of the
                                                                                                                                                                they are listed (‘‘long-term expiration
                                                                                                          proposed rule change is provided
                                               SUMMARY:    The Postal Service gives                                                                             months’’). There may be up to six (6)
                                                                                                          below.
                                               notice of filing a request with the Postal                                                                       long-term expiration months per option
                                                                                                             (additions are italicized; deletions are
                                               Regulatory Commission to add a                                                                                   class.4 The proposal will add liquidity
                                                                                                          [bracketed])
                                               domestic shipping services contract to                                                                           to the SPY options market by allowing
                                                                                                          *     *     *     *      *                            market participants to hedge risks
                                               the list of Negotiated Service                             Rules of Cboe BZX Exchange, Inc.
                                               Agreements in the Mail Classification                                                                            relating to SPY positions over a longer
                                               Schedule’s Competitive Products List.                      *     *     *     *      *                            period with a known and limited cost.
                                                                                                                                                                  The SPY options market today is
                                                    Date of required notice:
                                               DATES:
                                                                                                          Rule 19.8. Long-Term Options Contracts
                                                                                                                                                                characterized by its tremendous daily
                                               December 5, 2018.                                             [(a)] Notwithstanding conflicting                  and annual liquidity. As a consequence,
                                                                                                          language in Rule 19.6 (Series of Options              the Exchange believes that the listing of
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                          Contracts Open for Trading), the                      additional SPY long-term expiration
                                               Elizabeth Reed, 202–268–3179.
                                                                                                          Exchange may list long-term options                   months would be well received by
                                               SUPPLEMENTARY INFORMATION:      The                        contracts that expire from twelve (12) to             investors. This proposal to expand the
                                               United States Postal Service® hereby                       thirty-nine (39) months from the time                 number of permitted SPY long-term
                                               gives notice that, pursuant to 39 U.S.C.                   they are listed. There may be up to ten               expiration months would not apply to
                                               3642 and 3632(b)(3), on November 30,                       (10) additional expiration months for                 long-term expiration months on any
                                               2018, it filed with the Postal Regulatory                  options on SPY and up to six (6)                      other class of options.5
                                               Commission a USPS Request to Add                           additional expiration months for all                    The Exchange proposes to implement
                                               Priority Mail Contract 485 to                              other option classes. Strike price                    the proposed rule change on the date of
                                               Competitive Product List. Documents                        interval, bid/ask differential and                    this rule filing.
                                               are available at www.prc.gov, Docket                       continuity rules shall not apply to such              2. Statutory Basis
                                               Nos. MC2019–36, CP2019–38.                                 options series until the time to
                                                                                                          expiration is less than nine (9) months.                 The Exchange believes the proposed
                                               Elizabeth Reed,                                                                                                  rule change is consistent with the
                                               Attorney, Corporate and Postal Business Law.               *      *    *     *     *
                                                                                                                                                                Securities Exchange Act of 1934 (the
                                                                                                             The text of the proposed rule change
                                               [FR Doc. 2018–26451 Filed 12–4–18; 8:45 am]                                                                      ‘‘Act’’) and the rules and regulations
                                                                                                          is also available on the Exchange’s                   thereunder applicable to the Exchange
                                               BILLING CODE 7710–12–P
                                                                                                          website (http://www.cboe.com/                         and, in particular, the requirements of
                                                                                                          AboutCBOE/CBOELegal                                   Section 6(b) of the Act.6 Specifically,
                                                                                                          RegulatoryHome.aspx), at the                          the Exchange believes the proposed rule
                                               SECURITIES AND EXCHANGE                                    Exchange’s Office of the Secretary, and               change is consistent with the Section
                                               COMMISSION                                                 at the Commission’s Public Reference                  6(b)(5) 7 requirements that the rules of
                                                                                                          Room.                                                 an exchange be designed to prevent
                                               [Release No. 34–84695; File No. SR–                        II. Self-Regulatory Organization’s                    fraudulent and manipulative acts and
                                               CboeBZX–2018–084]                                          Statement of the Purpose of, and                      practices, to promote just and equitable
                                                                                                          Statutory Basis for, the Proposed Rule                principles of trade, to foster cooperation
                                               Self-Regulatory Organizations; Cboe                        Change                                                and coordination with persons engaged
                                               BZX Exchange, Inc.; Notice of Filing                                                                             in regulating, clearing, settling,
                                                                                                            In its filing with the Commission, the
                                               and Immediate Effectiveness of a                                                                                 processing information with respect to,
                                                                                                          Exchange included statements
                                               Proposed Rule Change To Amend Rule                                                                               and facilitating transactions in
                                               19.8, Long-Term Options Contracts                          concerning the purpose of and basis for
                                                                                                          the proposed rule change and discussed                   3 The proposed rule change also deletes the
                                               November 30, 2018.                                         any comments it received on the                       paragraph letter (a) in Rule 19.8, as there is only one
                                                  Pursuant to Section 19(b)(1) of the                     proposed rule change. The text of these               paragraph in the Rule, making a paragraph letter
                                                                                                          statements may be examined at the                     unnecessary. In contrast to Rule 19.8, Rule
                                               Securities Exchange Act of 1934                                                                                  29.11(b)(1)(A) (which applies to index options)
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    places specified in Item IV below. The                permits the Exchange to list long-term index
                                               notice is hereby given that on November                    Exchange has prepared summaries, set                  options series based on either the full or reduced
                                               23, 2018, Cboe BZX Exchange, Inc.                          forth in sections A, B, and C below, of               value of the underlying index, adding up to ten (10)
                                                                                                          the most significant aspects of such                  expiration months. The Exchange seeks to list ten
                                               (‘‘Exchange’’ or ‘‘BZX Options’’) filed                                                                          (10) long-term expiration months on SPY, just as it
                                               with the Securities and Exchange                           statements.                                           now may list ten (10) expiration months on long-
                                               Commission (‘‘Commission’’) the                            A. Self-Regulatory Organization’s                     term index option series, in order to provide
                                                                                                                                                                investors with a wider choice of investments.
                                               proposed rule change as described in                       Statement of the Purpose of, and                         4 Pursuant to rule 19.8, strike price interval, bid/
                                               Items I and II below, which Items have
khammond on DSK30JT082PROD with NOTICES




                                                                                                          Statutory Basis for, the Proposed Rule                ask differential, and continuity rules do not apply
                                               been prepared by the Exchange. The                         Change                                                to such options series until the time to expiration
                                               Commission is publishing this notice to                                                                          is less than nine (9) months.
                                               solicit comments on the proposed rule                      1. Purpose                                               5 Historically, SPY is the largest and most actively

                                                                                                                                                                traded ETF in the United States as measured by its
                                               change from interested persons.                              The Exchange proposes to amend                      assets under management and the value of shares
                                                                                                          Rule 19.8, Long-Term Option Contracts,                traded.
                                                 1 15   U.S.C. 78s(b)(1).                                 to permit the listing and trading of up                  6 15 U.S.C. 78f(b).
                                                 2 17   CFR 240.19b–4.                                    to ten (10) long-term expiration months                  7 15 U.S.C. 78f(b)(5).




                                          VerDate Sep<11>2014      20:35 Dec 04, 2018   Jkt 247001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\06DEN1.SGM   06DEN1


                                               62912                      Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               securities, to remove impediments to                    long-term options in response to stated                      A proposed rule change filed under
                                               and perfect the mechanism of a free and                 customer demand. Significantly, the                       Rule 19b–4(f)(6) 13 normally does not
                                               open market and a national market                       proposal would feature new long-term                      become operative prior to 30 days after
                                               system, and, in general, to protect                     expiration months in only a single class                  the date of the filing. However, pursuant
                                               investors and the public interest.                      of options that are very liquid and                       to Rule 19b–4(f)(6)(iii),14 the
                                               Additionally, the Exchange believes the                 heavily traded, as discussed above.                       Commission may designate a shorter
                                               proposed rule change is consistent with                 Additionally, the Exchange notes by                       time if such action is consistent with the
                                               the Section 6(b)(5) 8 requirement that                  way of precedent, that ten (10)                           protection of investors and the public
                                               the rules of an exchange not be designed                expiration months are already permitted                   interest. The Exchange has asked the
                                               to permit unfair discrimination between                 for long-term index options series.                       Commission to waive the 30-day
                                               customers, issuers, brokers, or dealers.                Further, the Exchange has the necessary                   operative delay so that the proposal may
                                                  In particular, the proposed rule                     systems capacity to support the new                       become operative upon filing. The
                                               change offers market participants                       SPY long-term expiration months.                          Exchange’s proposal would conform the
                                               additional long-term expiration months                                                                            Exchange’s rules relating to the
                                               on SPY options for their investment and                 B. Self-Regulatory Organization’s
                                                                                                       Statement on Burden on Competition                        permitted number of long term
                                               risk management purposes. The                                                                                     expiration months for long-term options
                                               proposal is intended simply to provide                    The Exchange does not believe that                      on SPY to those of other exchanges.15
                                               additional trading opportunities which                  the proposed rule change will impose                      Accordingly, the Commission believes
                                               have been requested by customers,                       any burden on competition that is not                     that the proposal raises no new or novel
                                               thereby facilitating transactions in                    necessary or appropriate in furtherance                   regulatory issues, and waiver of the 30-
                                               options and contributing to the                         of the purposes of the Act. The proposal                  day operative delay is consistent with
                                               protection of investors and the                         merely provides investors additional                      the protection of investors and the
                                               maintenance of fair and orderly markets.                investment and risk management                            public interest. The Commission
                                               The proposed rule change responds to                    opportunities by providing flexibility to                 therefore waives the 30-day operative
                                               the continuing needs of market                          the Exchange to list additional long-                     delay and designates the proposal
                                               participants, particularly portfolio                    term options expiration series,                           operative upon filing.16
                                               managers and other institutional                        expanding the number of SPY long-term                        At any time within 60 days of the
                                               customers, by providing protection from                 expiration months offered on the                          filing of the proposed rule change, the
                                               long-term market moves and by offering                  Exchange from six (6) long-term                           Commission summarily may
                                               an alternative to hedging portfolios with               expiration months to ten (10) long-term                   temporarily suspend such rule change if
                                               future positions or off-exchange                        expiration months. Other options                          it appears to the Commission that such
                                               customized derivative instruments.                      exchanges currently permit the listing of                 action is necessary or appropriate in the
                                                  Rule 19.8 has permitted up to six (6)                ten (10) long-term expiration months for                  public interest, for the protection of
                                               long-term expiration months in option                   SPY.10                                                    investors, or otherwise in furtherance of
                                               classes since the launch of BZX Options                                                                           the purposes of the Act.
                                                                                                       C. Self-Regulatory Organization’s
                                               in 2010. Other exchanges, such as
                                                                                                       Statement on Comments on the                              IV. Solicitation of Comments
                                               Nasdaq PHLX LLC (‘‘Phlx’’), have
                                                                                                       Proposed Rule Change Received From
                                               permitted up to six ‘‘LEAPS’’ since                                                                                 Interested persons are invited to
                                                                                                       Members, Participants, or Others
                                               1991, when it increased the number of                                                                             submit written data, views, and
                                               permissible expiration months from four                   The Exchange neither solicited nor                      arguments concerning the foregoing,
                                               to six. As noted by Phlx (in its recent                 received comments on the proposed                         including whether the proposed rule
                                               proposal to permit up to ten LEAPS                      rule change.
                                                                                                                                                                 change is consistent with the Act.
                                               expiration months for options on SPY),                  III. Date of Effectiveness of the                         Comments may be submitted by any of
                                               when the Securities and Exchange                        Proposed Rule Change and Timing for                       the following methods:
                                               Commission (the ‘‘Commission’’)                         Commission Action
                                               approved the increase to six expiration                                                                           Electronic Comments
                                                                                                          Because the foregoing proposed rule
                                               months, the Commission stated that it                                                                               • Use the Commission’s internet
                                               did not believe that increasing the                     change does not: (i) Significantly affect
                                                                                                                                                                 comment form (http://www.sec.gov/
                                               number of expiration months to six                      the protection of investors or the public
                                                                                                                                                                 rules/sro.shtml); or
                                               would cause, by itself, a proliferation of              interest; (ii) impose any significant                       • Send an email to rule-comments@
                                               expiration months. The Commission                       burden on competition; and (iii) become                   sec.gov. Please include File Number SR–
                                               also required that Phlx monitor the                     operative for 30 days from the date on                    CboeBZX–2018–084 on the subject line.
                                                                                                       which it was filed, or such shorter time
                                               volume of additional options series
                                                                                                       as the Commission may designate, it has                   Paper Comments
                                               listed as a result of the rule change, and
                                                                                                       become effective pursuant to Section                         • Send paper comments in triplicate
                                               the effect on Phlx’s system capacity and
                                                                                                       19(b)(3)(A) of the Act 11 and Rule 19b–                   to Secretary, Securities and Exchange
                                               quotation dissemination displays.9
                                                  The Exchange believes that the                       4(f)(6) thereunder.12                                     Commission, 100 F Street NE,
                                               addition today of four (4) additional                      10 See, e.g., Phlx Rule 1012(a)(i)(D); Miami
                                                                                                                                                                 Washington, DC 20549–1090.
                                               long-term expiration months on SPY                      International Securities Exchange, LLC (‘‘MIAX’’)         All submissions should refer to File
                                               options likewise does not represent a                   Rule 406(a); and NYSE Arca, Inc. (‘‘Arca’’) Rule          Number SR-CboeBZX–2018–084. This
                                               proliferation of expiration months, but                 6.4–O(d)(i).                                              file number should be included on the
                                                                                                          11 15 U.S.C. 78s(b)(3)(A).
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                                               is instead a very modest expansion of                      12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                                                                                   13 Id.
                                                                                                       4(f)(6)(iii) requires a self-regulatory organization to     14 17
                                                 8 Id.
                                                                                                       give the Commission written notice of its intent to                CFR 240.19b–4(f)(6)(iii).
                                                 9 See                                                                                                             15 See  supra note 10.
                                                       Securities Exchange Act Release No. 84449       file the proposed rule change, along with a brief
                                               (October 18, 2018), 83 FR 53699 (October 24,            description and text of the proposed rule change,            16 For purposes only of waiving the 30-day

                                               2018)(SR–Phlx–2018–64); see also Securities             at least five business days prior to the date of filing   operative delay, the Commission has also
                                               Exchange Act Release No. 29103 (April 18, 1991),        of the proposed rule change, or such shorter time         considered the proposed rule’s impact on
                                               56 FR 19132 (April 25, 1991) (approving SR–Phlx–        as designated by the Commission. The Commission           efficiency, competition, and capital formation. See
                                               91–18).                                                 has waived this requirement in this case.                 15 U.S.C. 78c(f).



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                                                                          Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                      62913

                                               subject line if email is used. To help the              with the Securities and Exchange                      A. Self-Regulatory Organization’s
                                               Commission process and review your                      Commission (‘‘Commission’’) the                       Statement of the Purpose of, and
                                               comments more efficiently, please use                   proposed rule change as described in                  Statutory Basis for, the Proposed Rule
                                               only one method. The Commission will                    Items I and II below, which Items have                Change
                                               post all comments on the Commission’s                   been prepared by the Exchange. The                    1. Purpose
                                               internet website (http://www.sec.gov/                   Commission is publishing this notice to
                                               rules/sro.shtml). Copies of the                         solicit comments on the proposed rule                    The Exchange proposes to amend
                                               submission, all subsequent                              change from interested persons.                       Rule 19.8, Long-Term Option Contracts,
                                               amendments, all written statements                                                                            to permit the listing and trading of up
                                               with respect to the proposed rule                       I. Self-Regulatory Organization’s                     to ten (10) long-term expiration months
                                               change that are filed with the                          Statement of the Terms of Substance of                for long-term options on the SPDR® S&P
                                               Commission, and all written                             the Proposed Rule Change                              500® exchange-traded fund (‘‘SPY’’) in
                                               communications relating to the                             Cboe EDGX Exchange, Inc. (the                      response to customer demand.3 Rule
                                               proposed rule change between the                                                                              19.8 currently provides that the
                                                                                                       ‘‘Exchange’’ or ‘‘EDGX Options’’)
                                               Commission and any person, other than                                                                         Exchange may list long-term option
                                                                                                       proposes to amend Rule 19.8, Long-
                                               those that may be withheld from the                                                                           contracts that expire from twelve (12) to
                                                                                                       Term Options Contracts. The text of the
                                               public in accordance with the                                                                                 thirty-nine (39) months from the time
                                                                                                       proposed rule change is provided
                                               provisions of 5 U.S.C. 552, will be                                                                           they are listed (‘‘long-term expiration
                                                                                                       below.
                                               available for website viewing and                                                                             months’’). There may be up to six (6)
                                               printing in the Commission’s Public                        (additions are italicized; deletions are           long-term expiration months per option
                                               Reference Room, 100 F Street NE,                        [bracketed])                                          class.4 The proposal will add liquidity
                                               Washington, DC 20549 on official                        *      *    *     *      *                            to the SPY options market by allowing
                                               business days between the hours of                         Rules of Cboe EDGX Exchange, Inc.                  market participants to hedge risks
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                        relating to SPY positions over a longer
                                                                                                       *      *    *     *      *
                                               filing also will be available for                                                                             period with a known and limited cost.
                                               inspection and copying at the principal                    Rule 19.8. Long-Term Options                          The SPY options market today is
                                               office of the Exchange. All comments                    Contracts                                             characterized by its tremendous daily
                                               received will be posted without change.                    [(a)] Notwithstanding conflicting                  and annual liquidity. As a consequence,
                                               Persons submitting comments are                         language in Rule 19.6 (Series of Options              the Exchange believes that the listing of
                                               cautioned that we do not redact or edit                 Contracts Open for Trading), the                      additional SPY long-term expiration
                                               personal identifying information from                   Exchange may list long-term options                   months would be well received by
                                               comment submissions. You should                         contracts that expire from twelve (12) to             investors. This proposal to expand the
                                               submit only information that you wish                   thirty-nine (39) months from the time                 number of permitted SPY long-term
                                               to make available publicly. All                         they are listed. There may be up to ten               expiration months would not apply to
                                               submissions should refer to File                        (10) additional expiration months for                 long-term expiration months on any
                                               Number SR–CboeBZX–2018–084, and                         options on SPY and up to six (6)                      other class of options.5
                                               should be submitted on or before                        additional expiration months for all                     The Exchange proposes to implement
                                               December 27, 2018.                                      other option classes. Strike price                    the proposed rule change on the date of
                                                                                                       interval, bid/ask differential and                    this rule filing.
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated              continuity rules shall not apply to such              2. Statutory Basis
                                               authority.17                                            options series until the time to
                                                                                                       expiration is less than nine (9) months.                 The Exchange believes the proposed
                                               Eduardo A. Aleman,                                                                                            rule change is consistent with the
                                               Assistant Secretary.                                    *      *    *     *      *                            Securities Exchange Act of 1934 (the
                                               [FR Doc. 2018–26513 Filed 12–4–18; 8:45 am]                The text of the proposed rule change               ‘‘Act’’) and the rules and regulations
                                               BILLING CODE 8011–01–P                                  is also available on the Exchange’s                   thereunder applicable to the Exchange
                                                                                                       website (http://www.cboe.com/                         and, in particular, the requirements of
                                                                                                       AboutCBOE/CBOELegal                                   Section 6(b) of the Act.6 Specifically,
                                               SECURITIES AND EXCHANGE                                 RegulatoryHome.aspx), at the                          the Exchange believes the proposed rule
                                               COMMISSION                                              Exchange’s Office of the Secretary, and               change is consistent with the Section
                                               [Release No. 34–84699; File No. SR–                     at the Commission’s Public Reference
                                               CboeEDGX–2018–056]                                      Room.                                                    3 The proposed rule change also deletes the

                                                                                                                                                             paragraph letter (a) in Rule 19.8, as there is only one
                                               Self-Regulatory Organizations; Cboe                     II. Self-Regulatory Organization’s                    paragraph in the Rule, making a paragraph letter
                                               EDGX Exchange, Inc.; Notice of Filing                   Statement of the Purpose of, and                      unnecessary. In contrast to Rule 19.8, Rule
                                                                                                       Statutory Basis for, the Proposed Rule                29.11(b)(1)(A) (which applies to index options)
                                               and Immediate Effectiveness of a                                                                              permits the Exchange to list long-term index
                                               Proposed Rule Change To Amend Rule                      Change                                                options series based on either the full or reduced
                                               19.8, Long-Term Options Contracts                                                                             value of the underlying index, adding up to ten (10)
                                                                                                         In its filing with the Commission, the              expiration months. The Exchange seeks to list ten
                                               November 30, 2018.                                      Exchange included statements                          (10) long-term expiration months on SPY, just as it
                                                  Pursuant to Section 19(b)(1) of the                  concerning the purpose of and basis for               now may list ten (10) expiration months on long-
                                                                                                       the proposed rule change and discussed                term index option series, in order to provide
                                               Securities Exchange Act of 1934                                                                               investors with a wider choice of investments.
                                                                                                       any comments it received on the
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                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                          4 Pursuant to rule 19.8, strike price interval, bid/

                                               notice is hereby given that on November                 proposed rule change. The text of these               ask differential, and continuity rules do not apply
                                               23, 2018, Cboe EDGX Exchange, Inc.                      statements may be examined at the                     to such options series until the time to expiration
                                                                                                       places specified in Item IV below. The                is less than nine (9) months.
                                               (‘‘Exchange’’ or ‘‘EDGX Options’’) filed                                                                         5 Historically, SPY is the largest and most actively
                                                                                                       Exchange has prepared summaries, set
                                                                                                                                                             traded ETF in the United States as measured by its
                                                 17 17 CFR 200.30–3(a)(12).                            forth in sections A, B, and C below, of               assets under management and the value of shares
                                                 1 15 U.S.C. 78s(b)(1).                                the most significant aspects of such                  traded.
                                                 2 17 CFR 240.19b–4.                                   statements.                                              6 15 U.S.C. 78f(b).




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Document Created: 2018-12-05 02:36:27
Document Modified: 2018-12-05 02:36:27
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 62911 

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