83_FR_63164 83 FR 62930 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 5.8, Long-Term Equity Options Series (LEAPS)

83 FR 62930 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 5.8, Long-Term Equity Options Series (LEAPS)

SECURITIES AND EXCHANGE COMMISSION

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

Page Range62930-62932
FR Document2018-26515

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Notices]
[Pages 62930-62932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26515]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84698; File No. SR-CBOE-2018-073]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 5.8, Long-Term Equity Options Series (LEAPS)

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 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 
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 Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes 
to amend Rule 5.8, Long-Term Equity Options Series (LEAPS). The text of 
the proposed rule change is provided below.
    (additions are italicized; deletions are [bracketed])
* * * * *
Rules of Cboe Exchange, Inc.
* * * * *
Rule 5.8. Long-Term Equity Option Series (LEAPS)
    (a) Notwithstanding conflicting language in Exchange Rule 5.5, the 
Exchange may list long-term equity option series (LEAPS) that expire 
from 12 to 180 months from the time they are listed. There may be up to 
ten additional expiration months for

[[Page 62931]]

options on SPY and up to six additional expiration months for all other 
option classes.
* * * * *
    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 5.8, Long-Term Equity Option 
Series (LEAPS), to permit the listing and trading of up to ten 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 5.8 currently provides that the Exchange may list long-
term option contracts that expire from 12 to 180 months from the time 
they are listed (LEAPS). There may be up to six long-term expiration 
months per option class. 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\ In contrast to Rule 5.8, Rule 24.9(b)(1)(B) (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.
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    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.\4\
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    \4\ 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.\5\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \6\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, to remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, to protect investors and the public interest. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ 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 5.8 has permitted up to six (6) long-term expiration months in 
option classes since 1991, when it increased the number of permissible 
expiration months from four to six.\8\ Other exchanges, such as Nasdaq 
PHLX LLC (``Phlx''), have similarly permitted up to six ``LEAPS'' since 
1991.\9\ 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 the Exchange 
monitor the volume of additional options series listed as a result of 
the rule change, and the effect on the Exchange's system capacity and 
quotation dissemination displays.\10\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 28890 (February 15, 
1991), 56 FR 7439 (February 22, 1991) (approving SR-CBOE-90-32).
    \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).
    \10\ See Securities Exchange Act Release No. 28890 (February 15, 
1991), 56 FR 7439 (February 22, 1991) (approving SR-CBOE-90-32).
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    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

[[Page 62932]]

ten (10) long-term expiration months for SPY.\11\
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    \11\ 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 \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ 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.\16\ 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.\17\
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    \14\ Id.
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ See supra note 11.
    \17\ 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-2018-073 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-2018-073. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CBOE-2018-073, and should be submitted 
on or before December 27, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26515 Filed 12-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               62930                        Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               to determine whether the proposed rule                      For the Commission, by the Division of              compute a deduction for market risk on
                                               should be approved or disapproved.                        Trading and Markets, pursuant to delegated            some or all its positions instead of the
                                                                                                         authority.18                                          provisions of paragraphs (c)(2)(vi) and
                                               IV. Solicitation of Comments                              Eduardo A. Aleman,                                    (c)(2)(vii) of Rule 15c3–1.4
                                                 Interested persons are invited to                       Assistant Secretary.
                                                                                                                                                                 By the Commission.
                                               submit written data, views, and                           [FR Doc. 2018–26512 Filed 12–4–18; 8:45 am]
                                               arguments concerning the foregoing,                                                                             Eduardo A. Aleman,
                                                                                                         BILLING CODE 8011–01–P
                                               including whether the proposed rule                                                                             Assistant Secretary.
                                               change is consistent with the Act.                                                                              [FR Doc. 2018–26404 Filed 12–4–18; 8:45 am]
                                               Comments may be submitted by any of                       SECURITIES AND EXCHANGE                               BILLING CODE 8011–01–P
                                               the following methods:                                    COMMISSION
                                               Electronic Comments                                       [Securities Exchange Act of 1934; Release             SECURITIES AND EXCHANGE
                                                                                                         No. 84689/November 29, 2018]
                                                  • Use the Commission’s internet                                                                              COMMISSION
                                               comment form (http://www.sec.gov/                         Order Regarding Alternative Net                       [Release No. 34–84698; File No. SR–CBOE–
                                               rules/sro.shtml); or                                      Capital Computation for BofAML                        2018–073]
                                                  • Send an email to rule-comments@
                                                                                                         Securities, Inc.
                                               sec.gov. Please include File Number SR–                                                                         Self-Regulatory Organizations; Cboe
                                               CboeEDGX–2018–057 on the subject                             BofAML Securities, Inc.                            Exchange, Inc.; Notice of Filing and
                                               line.                                                     (‘‘BofAMLS’’), a broker-dealer registered             Immediate Effectiveness of a Proposed
                                                                                                         with the Securities and Exchange                      Rule Change To Amend Rule 5.8,
                                               Paper Comments
                                                                                                         Commission (‘‘Commission’’), has                      Long-Term Equity Options Series
                                                  • Send paper comments in triplicate                    submitted an application to the
                                               to Secretary, Securities and Exchange                                                                           (LEAPS)
                                                                                                         Commission for authorization to use the
                                               Commission, 100 F Street NE,                              market risk standards of Appendix E of                November 30, 2018.
                                               Washington, DC 20549–1090.                                Rule 15c3–1 to the Securities Exchange                   Pursuant to Section 19(b)(1) of the
                                               All submissions should refer to File                      Act of 1934 (‘‘Exchange Act’’).1                      Securities Exchange Act of 1934
                                               Number SR–CboeEDGX–2018–057. This                            Based on a review of the application               (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               file number should be included on the                     that BofAMLS submitted, including an                  notice is hereby given that on November
                                               subject line if email is used. To help the                assessment of the firm’s financial                    23, 2018, Cboe Exchange, Inc.
                                               Commission process and review your                        position, the adequacy of the firm’s                  (‘‘Exchange’’ or ‘‘Cboe Options’’) filed
                                               comments more efficiently, please use                     internal risk management controls, and                with the Securities and Exchange
                                               only one method. The Commission will                      the statistical models the firm will use              Commission (‘‘Commission’’) the
                                               post all comments on the Commission’s                     for internal risk management and                      proposed rule change as described in
                                               internet website (http://www.sec.gov/                     regulatory capital purposes, the                      Items I and II below, which Items have
                                               rules/sro.shtml). Copies of the                           Commission has determined that the                    been prepared by the Exchange. The
                                               submission, all subsequent                                application meets the requirements of                 Commission is publishing this notice to
                                               amendments, all written statements                        paragraphs (a), (b), (d)(1)(i)–(iv), and              solicit comments on the proposed rule
                                               with respect to the proposed rule                         (d)(2) of Appendix E.2 The Commission                 change from interested persons.
                                               change that are filed with the                            also has determined that Bank of
                                               Commission, and all written                               America Corporation, BofAMLS’s                        I. Self-Regulatory Organization’s
                                               communications relating to the                            ultimate holding company, is in                       Statement of the Terms of Substance of
                                               proposed rule change between the                          compliance with the terms of its                      the Proposed Rule Change
                                               Commission and any person, other than                     undertakings, as provided to the                        Cboe Exchange, Inc. (the ‘‘Exchange’’
                                               those that may be withheld from the                       Commission under Appendix E.                          or ‘‘Cboe Options’’) proposes to amend
                                               public in accordance with the                                Using the market-risk standards of                 Rule 5.8, Long-Term Equity Options
                                               provisions of 5 U.S.C. 552, will be                       Appendix E of Rule 15c3–1 should help                 Series (LEAPS). The text of the
                                               available for website viewing and                         BofAMLS align its supervisory risk                    proposed rule change is provided
                                               printing in the Commission’s Public                       management practices and regulatory                   below.
                                               Reference Room, 100 F Street NE,                          capital requirements more closely, and                  (additions are italicized; deletions are
                                               Washington, DC 20549, on official                         would adequately capture the material                 [bracketed])
                                               business days between the hours of                        risks. As a result, this also should help
                                                                                                         to ensure that integrity of the risk                  *     *    *     *      *
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                          Rules of Cboe Exchange, Inc.
                                               filing also will be available for                         measurement, monitoring and
                                                                                                         management process. The Commission,                   *     *    *     *      *
                                               inspection and copying at the principal
                                               office of the Exchange. All comments                      therefore, finds that approval of the                 Rule 5.8. Long-Term Equity Option
                                               received will be posted without change.                   application is necessary or appropriate               Series (LEAPS)
                                               Persons submitting comments are                           in the public interest or for the
                                                                                                         protection of investors.                                 (a) Notwithstanding conflicting
                                               cautioned that we do not redact or edit                                                                         language in Exchange Rule 5.5, the
                                               personal identifying information from                        Accordingly, IT IS ORDERED, under
                                                                                                         paragraph (a)(7) of Rule 15c3–1 3 to the              Exchange may list long-term equity
                                               comment submissions. You should                                                                                 option series (LEAPS) that expire from
                                               submit only information that you wish                     Exchange Act, that BofAMLS may
khammond on DSK30JT082PROD with NOTICES




                                                                                                         calculate net capital using the market                12 to 180 months from the time they are
                                               to make available publicly. All                                                                                 listed. There may be up to ten
                                               submissions should refer to File                          risk standards of Appendix E to
                                                                                                                                                               additional expiration months for
                                               Number SR–CboeEDGX–2018–057 and                             1 See 17 CFR 240.15c3–1e.
                                               should be submitted on or before                            2 See 17 CFR 240.15c3–1e(a); 17 CFR 240.15c3–         4 See 17 CFR 240.15c3–1(c)(2)(vi); 17 CFR
                                               December 27, 2018.                                        1e(b); 17 CFR 240.15c3–1e(d)(i)–(iv); 17 CFR          240.15c3–1(c)(2)(vii).
                                                                                                         240.15c3–1e(d)(2).                                      1 15 U.S.C. 78s(b)(1).
                                                 18 17   CFR 200.30–3(a)(12).                              3 See 17 CFR 240.15c3–1(a)(7).                        2 17 CFR 240.19b–4.




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                                                                           Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices                                                      62931

                                               options on SPY and up to six additional                  investors. This proposal to expand the                    classes since 1991, when it increased
                                               expiration months for all other option                   number of permitted SPY long-term                         the number of permissible expiration
                                               classes.                                                 expiration months would not apply to                      months from four to six.8 Other
                                               *     *     *     *    *                                 long-term expiration months on any                        exchanges, such as Nasdaq PHLX LLC
                                                  The text of the proposed rule change                  other class of options.4                                  (‘‘Phlx’’), have similarly permitted up to
                                               is also available on the Exchange’s                        The Exchange proposes to implement                      six ‘‘LEAPS’’ since 1991.9 When the
                                               website (http://www.cboe.com/                            the proposed rule change on the date of                   Securities and Exchange Commission
                                               AboutCBOE/CBOELegal                                      this rule filing.                                         (the ‘‘Commission’’) approved the
                                               RegulatoryHome.aspx), at the                             2. Statutory Basis                                        increase to six expiration months, the
                                               Exchange’s Office of the Secretary, and                                                                            Commission stated that it did not
                                               at the Commission’s Public Reference                        The Exchange believes the proposed                     believe that increasing the number of
                                               Room.                                                    rule change is consistent with the
                                                                                                                                                                  expiration months to six would cause,
                                                                                                        Securities Exchange Act of 1934 (the
                                               II. Self-Regulatory Organization’s                                                                                 by itself, a proliferation of expiration
                                                                                                        ‘‘Act’’) and the rules and regulations
                                               Statement of the Purpose of, and                                                                                   months. The Commission also required
                                                                                                        thereunder applicable to the Exchange
                                               Statutory Basis for, the Proposed Rule                                                                             that the Exchange monitor the volume
                                                                                                        and, in particular, the requirements of
                                               Change                                                                                                             of additional options series listed as a
                                                                                                        Section 6(b) of the Act.5 Specifically,
                                                                                                        the Exchange believes the proposed rule                   result of the rule change, and the effect
                                                  In its filing with the Commission, the                                                                          on the Exchange’s system capacity and
                                               Exchange included statements                             change is consistent with the Section
                                                                                                        6(b)(5) 6 requirements that the rules of                  quotation dissemination displays.10
                                               concerning the purpose of and basis for
                                               the proposed rule change and discussed                   an exchange be designed to prevent                           The Exchange believes that the
                                               any comments it received on the                          fraudulent and manipulative acts and                      addition today of four (4) additional
                                               proposed rule change. The text of these                  practices, to promote just and equitable                  long-term expiration months on SPY
                                               statements may be examined at the                        principles of trade, to foster cooperation                options likewise does not represent a
                                               places specified in Item IV below. The                   and coordination with persons engaged                     proliferation of expiration months, but
                                               Exchange has prepared summaries, set                     in regulating, clearing, settling,                        is instead a very modest expansion of
                                               forth in sections A, B, and C below, of                  processing information with respect to,                   long-term options in response to stated
                                               the most significant aspects of such                     and facilitating transactions in                          customer demand. Significantly, the
                                               statements.                                              securities, to remove impediments to                      proposal would feature new long-term
                                                                                                        and perfect the mechanism of a free and                   expiration months in only a single class
                                               A. Self-Regulatory Organization’s                        open market and a national market                         of options that are very liquid and
                                               Statement of the Purpose of, and                         system, and, in general, to protect                       heavily traded, as discussed above.
                                               Statutory Basis for, the Proposed Rule                   investors and the public interest.                        Additionally, the Exchange notes by
                                               Change                                                   Additionally, the Exchange believes the                   way of precedent, that ten (10)
                                               1. Purpose                                               proposed rule change is consistent with                   expiration months are already permitted
                                                                                                        the Section 6(b)(5) 7 requirement that                    for long-term index options series.
                                                  The Exchange proposes to amend                        the rules of an exchange not be designed                  Further, the Exchange has the necessary
                                               Rule 5.8, Long-Term Equity Option                        to permit unfair discrimination between                   systems capacity to support the new
                                               Series (LEAPS), to permit the listing and                customers, issuers, brokers, or dealers.                  SPY long-term expiration months.
                                               trading of up to ten long-term expiration                   In particular, the proposed rule
                                               months for long-term options on the                      change offers market participants                         B. Self-Regulatory Organization’s
                                               SPDR® S&P 500® exchange-traded fund                      additional long-term expiration months                    Statement on Burden on Competition
                                               (‘‘SPY’’) in response to customer                        on SPY options for their investment and
                                               demand.3 Rule 5.8 currently provides                     risk management purposes. The                               The Exchange does not believe that
                                               that the Exchange may list long-term                     proposal is intended simply to provide                    the proposed rule change will impose
                                               option contracts that expire from 12 to                  additional trading opportunities which                    any burden on competition that is not
                                               180 months from the time they are listed                 have been requested by customers,                         necessary or appropriate in furtherance
                                               (LEAPS). There may be up to six long-                    thereby facilitating transactions in                      of the purposes of the Act. The proposal
                                               term expiration months per option class.                 options and contributing to the                           merely provides investors additional
                                               The proposal will add liquidity to the                   protection of investors and the                           investment and risk management
                                               SPY options market by allowing market                    maintenance of fair and orderly markets.                  opportunities by providing flexibility to
                                               participants to hedge risks relating to                  The proposed rule change responds to                      the Exchange to list additional long-
                                               SPY positions over a longer period with                  the continuing needs of market                            term options expiration series,
                                               a known and limited cost.                                participants, particularly portfolio                      expanding the number of SPY long-term
                                                  The SPY options market today is                       managers and other institutional                          expiration months offered on the
                                               characterized by its tremendous daily                    customers, by providing protection from                   Exchange from six (6) long-term
                                               and annual liquidity. As a consequence,                  long-term market moves and by offering                    expiration months to ten (10) long-term
                                               the Exchange believes that the listing of                an alternative to hedging portfolios with                 expiration months. Other options
                                               additional SPY long-term expiration                      future positions or off-exchange                          exchanges currently permit the listing of
                                               months would be well received by                         customized derivative instruments.
                                                                                                                                                                    8 See Securities Exchange Act Release No. 28890
                                                                                                           Rule 5.8 has permitted up to six (6)
                                                 3 In contrast to Rule 5.8, Rule 24.9(b)(1)(B) (which                                                             (February 15, 1991), 56 FR 7439 (February 22, 1991)
                                                                                                        long-term expiration months in option
khammond on DSK30JT082PROD with NOTICES




                                               applies to index options) permits the Exchange to                                                                  (approving SR–CBOE–90–32).
                                                                                                                                                                    9 See Securities Exchange Act Release No. 84449
                                               list long-term index options series based on either         4 Historically, SPY is the largest and most actively
                                               the full or reduced value of the underlying index,                                                                 (October 18, 2018), 83 FR 53699 (October 24, 2018)
                                               adding up to ten (10) expiration months. The             traded ETF in the United States as measured by its        (SR–Phlx–2018–64); see also Securities Exchange
                                               Exchange seeks to list ten (10) long-term expiration     assets under management and the value of shares           Act Release No. 29103 (April 18, 1991), 56 FR
                                               months on SPY, just as it now may list ten (10)          traded.                                                   19132 (April 25, 1991) (approving SR–Phlx–91–18).
                                                                                                           5 15 U.S.C. 78f(b).                                      10 See Securities Exchange Act Release No. 28890
                                               expiration months on long-term index option series,
                                                                                                           6 15 U.S.C. 78f(b)(5).
                                               in order to provide investors with a wider choice                                                                  (February 15, 1991), 56 FR 7439 (February 22, 1991)
                                               of investments.                                             7 Id.                                                  (approving SR–CBOE–90–32).



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                                               62932                        Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Notices

                                               ten (10) long-term expiration months for                     At any time within 60 days of the                  comment submissions. You should
                                               SPY.11                                                    filing of the proposed rule change, the               submit only information that you wish
                                                                                                         Commission summarily may                              to make available publicly. All
                                               C. Self-Regulatory Organization’s
                                                                                                         temporarily suspend such rule change if               submissions should refer to File
                                               Statement on Comments on the
                                                                                                         it appears to the Commission that such                Number SR–CBOE–2018–073, and
                                               Proposed Rule Change Received From
                                                                                                         action is necessary or appropriate in the             should be submitted on or before
                                               Members, Participants, or Others
                                                                                                         public interest, for the protection of                December 27, 2018.
                                                 The Exchange neither solicited nor                      investors, or otherwise in furtherance of               For the Commission, by the Division of
                                               received comments on the proposed                         the purposes of the Act.                              Trading and Markets, pursuant to delegated
                                               rule change.                                                                                                    authority.18
                                                                                                         IV. Solicitation of Comments
                                               III. Date of Effectiveness of the                                                                               Eduardo A. Aleman,
                                                                                                           Interested persons are invited to
                                               Proposed Rule Change and Timing for                                                                             Assistant Secretary.
                                                                                                         submit written data, views, and
                                               Commission Action                                                                                               [FR Doc. 2018–26515 Filed 12–4–18; 8:45 am]
                                                                                                         arguments concerning the foregoing,
                                                  Because the foregoing proposed rule                    including whether the proposed rule                   BILLING CODE 8011–01–P
                                               change does not: (i) Significantly affect                 change is consistent with the Act.
                                               the protection of investors or the public                 Comments may be submitted by any of
                                               interest; (ii) impose any significant                                                                           SECURITIES AND EXCHANGE
                                                                                                         the following methods:
                                               burden on competition; and (iii) become                                                                         COMMISSION
                                               operative for 30 days from the date on                    Electronic Comments                                   [Investment Company Act Release No.
                                               which it was filed, or such shorter time                    • Use the Commission’s internet                     33310]
                                               as the Commission may designate, it has                   comment form (http://www.sec.gov/
                                               become effective pursuant to Section                      rules/sro.shtml); or                                  Notice of Applications for
                                               19(b)(3)(A) of the Act 12 and Rule 19b–                     • Send an email to rule-comments@                   Deregistration Under Section 8(f) of the
                                               4(f)(6) thereunder.13                                     sec.gov. Please include File Number SR–               Investment Company Act of 1940
                                                  A proposed rule change filed under                     CBOE–2018–073 on the subject line.
                                                                                                                                                               November 30, 2018.
                                               Rule 19b–4(f)(6) 14 normally does not
                                                                                                         Paper Comments                                          The following is a notice of
                                               become operative prior to 30 days after
                                                                                                            • Send paper comments in triplicate                applications for deregistration under
                                               the date of the filing. However, pursuant
                                                                                                         to Secretary, Securities and Exchange                 section 8(f) of the Investment Company
                                               to Rule 19b–4(f)(6)(iii),15 the
                                                                                                         Commission, 100 F Street NE,                          Act of 1940 for the month of November
                                               Commission may designate a shorter
                                                                                                         Washington, DC 20549–1090.                            2018. A copy of each application may be
                                               time if such action is consistent with the
                                                                                                         All submissions should refer to File                  obtained via the Commission’s website
                                               protection of investors and the public
                                                                                                         Number SR–CBOE–2018–073. This file                    by searching for the file number, or for
                                               interest. The Exchange has asked the
                                                                                                         number should be included on the                      an applicant using the Company name
                                               Commission to waive the 30-day
                                                                                                         subject line if email is used. To help the            box, at http://www.sec.gov/search/
                                               operative delay so that the proposal may
                                                                                                         Commission process and review your                    search.htm or by calling (202) 551–
                                               become operative upon filing. The
                                                                                                         comments more efficiently, please use                 8090. An order granting each
                                               Exchange’s proposal would conform the
                                                                                                         only one method. The Commission will                  application will be issued unless the
                                               Exchange’s rules relating to the
                                                                                                         post all comments on the Commission’s                 SEC orders a hearing. Interested persons
                                               permitted number of long term
                                                                                                         internet website (http://www.sec.gov/                 may request a hearing on any
                                               expiration months for long-term options
                                                                                                         rules/sro.shtml). Copies of the                       application by writing to the SEC’s
                                               on SPY to those of other exchanges.16
                                                                                                         submission, all subsequent                            Secretary at the address below and
                                               Accordingly, the Commission believes
                                                                                                         amendments, all written statements                    serving the relevant applicant with a
                                               that the proposal raises no new or novel
                                                                                                         with respect to the proposed rule                     copy of the request, personally or by
                                               regulatory issues, and waiver of the 30-
                                                                                                         change that are filed with the                        mail. Hearing requests should be
                                               day operative delay is consistent with
                                                                                                         Commission, and all written                           received by the SEC by 5:30 p.m. on
                                               the protection of investors and the
                                                                                                         communications relating to the                        December 26, 2018, and should be
                                               public interest. The Commission
                                                                                                         proposed rule change between the                      accompanied by proof of service on
                                               therefore waives the 30-day operative
                                                                                                         Commission and any person, other than                 applicants, in the form of an affidavit or,
                                               delay and designates the proposal
                                                                                                         those that may be withheld from the                   for lawyers, a certificate of service.
                                               operative upon filing.17
                                                                                                         public in accordance with the                         Pursuant to Rule 0–5 under the Act,
                                                  11 See, e.g., Phlx Rule 1012(a)(i)(D); Miami
                                                                                                         provisions of 5 U.S.C. 552, will be                   hearing requests should state the nature
                                               International Securities Exchange, LLC (‘‘MIAX’’)         available for website viewing and                     of the writer’s interest, any facts bearing
                                               Rule 406(a); and NYSE Arca, Inc. (‘‘Arca’’) Rule
                                                                                                         printing in the Commission’s Public                   upon the desirability of a hearing on the
                                               6.4–O(d)(i).                                                                                                    matter, the reason for the request, and
                                                  12 15 U.S.C. 78s(b)(3)(A).                             Reference Room, 100 F Street NE,
                                                  13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–      Washington, DC 20549 on official                      the issues contested. Persons who wish
                                               4(f)(6)(iii) requires a self-regulatory organization to   business days between the hours of                    to be notified of a hearing may request
                                               give the Commission written notice of its intent to       10:00 a.m. and 3:00 p.m. Copies of the                notification by writing to the
                                               file the proposed rule change, along with a brief
                                                                                                         filing also will be available for                     Commission’s Secretary.
                                               description and text of the proposed rule change,                                                               ADDRESSES: The Commission: Secretary,
                                               at least five business days prior to the date of filing   inspection and copying at the principal
                                                                                                                                                               U.S. Securities and Exchange
khammond on DSK30JT082PROD with NOTICES




                                               of the proposed rule change, or such shorter time         office of the Exchange. All comments
                                               as designated by the Commission. The Commission           received will be posted without change.               Commission, 100 F Street NE,
                                               has waived this requirement in this case.
                                                                                                         Persons submitting comments are                       Washington, DC 20549–1090.
                                                  14 Id.
                                                  15 17 CFR 240.19b–4(f)(6)(iii).                        cautioned that we do not redact or edit               FOR FURTHER INFORMATION CONTACT:
                                                  16 See supra note 11.                                  personal identifying information from                 Shawn Davis, Branch Chief, at (202)
                                                  17 For purposes only of waiving the 30-day                                                                   551–6413 or Chief Counsel’s Office at
                                               operative delay, the Commission has also                  efficiency, competition, and capital formation. See
                                               considered the proposed rule’s impact on                  15 U.S.C. 78c(f).                                       18 17   CFR 200.30–3(a)(12).



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Document Created: 2018-12-05 02:36:18
Document Modified: 2018-12-05 02:36:18
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 62930 

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