83_FR_8171 83 FR 8134 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Expand the Short Term Options Series Program To Allow Monday Expirations for SPDR S&P 500 ETF Trust Options on the Exchange's Equity Options Platform

83 FR 8134 - Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Expand the Short Term Options Series Program To Allow Monday Expirations for SPDR S&P 500 ETF Trust Options on the Exchange's Equity Options Platform

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8134-8138
FR Document2018-03699

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8134-8138]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03699]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82734; File No. SR-CboeEDGX-2018-007]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Expand the Short Term Options Series Program To Allow Monday 
Expirations for SPDR S&P 500 ETF Trust Options on the Exchange's Equity 
Options Platform

February 16, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on February 15, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' 
or ``EDGX Options'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to expand the Short Term Options 
Series Program to allow Monday expirations for SPDR S&P 500 ETF Trust 
(``SPY'') options.
(additions are italicized; deletions are [bracketed])
* * * * *

Rules of Cboe EDGX Exchange, Inc.

* * * * *
Rule 16.1. Definitions
    (a) With respect to the Rules contained in Chapters XVI to XXIX 
below, relating to the trading of options contracts on the Exchange, 
the following terms shall have the meanings specified in this Rule. A 
term defined elsewhere in the Exchange Rules shall have the same 
meaning with respect to this Chapter XVI, unless otherwise defined 
below.
    (1)-(56) (No change).
    (57) The term ``Short Term Option Series'' means a series in an 
option class that is approved for listing and trading on the Exchange 
in which the series is opened for trading on any Monday, Tuesday, 
Wednesday, Thursday or Friday that is a business day and that expires 
on the Monday, Wednesday or Friday of the next business week, or, in 
the case of a series that is listed on a Friday and expires on a 
Monday, is listed one business week and one business day prior to that 
expiration. If a Tuesday, Wednesday, Thursday or Friday is not a 
business day, the series may be opened (or shall expire) on the first 
business day immediately prior to that Tuesday, Wednesday, Thursday or 
Friday, respectively. For a series listed pursuant to this section for 
Monday expiration, if a Monday is not a business day, the series shall 
expire on the first business day immediately following that Monday.

[[Page 8135]]

    (58)-(63) (No change).

Interpretations and Policies

    .01 (No change).
* * * * *
Rule 19.6. Series of Options Contracts Open for Trading
    (a)-(g) (No change).

Interpretations and Policies

    .01-.04 (No change).
    .05 After an option class has been approved for listing and trading 
on EDGX Options, the Exchange may open for trading on any Thursday or 
Friday that is a business day (``Short Term Option Opening Date'') 
series of options on that class that expire on each of the next five 
(5) Fridays that are business days and are not Fridays in which monthly 
options series or Quarterly Options Series expire (``Short Term Option 
Expiration Dates''). The Exchange may have no more than a total of five 
Short Term Option Expiration Dates, not including any Monday or 
Wednesday SPY Expirations as provided in paragraph (g) below. If EDGX 
Options is not open for business on the respective Thursday or Friday, 
the Short Term Option Opening Date will be the first business day 
immediately prior to that respective Thursday or Friday. Similarly, if 
EDGX Options is not open for business on the Friday that the options 
are set to expire, the Short Term Option Expiration Date will be the 
first business day immediately prior to that Friday. Regarding Short 
Term Option Series:
    (a) (No change).
    (b) With the exception of Monday and Wednesday SPY Expirations, no 
Short Term Option Series may expire in the same week in which monthly 
option series on the same class expire or, in the case of Quarterly 
Options Series, on an expiration that coincides with an expiration of 
Quarterly Options Series on the same class.
    (c)-(f) (No change).
    (g) Monday and Wednesday SPY Expirations. The Exchange may open for 
trading on any Friday or Monday that is a business day series of 
options on the SPDR S&P 500 ETF Trust (``SPY'') to expire on any Monday 
of the month that is a business day and is not a Monday on which 
Quarterly Options Series expire (``Monday SPY Expirations''), provided 
that any Friday on which the Exchange opens for trading a Monday SPY 
Expiration is one business week and one business day prior to 
expiration. The Exchange may also open for trading on any Tuesday or 
Wednesday that is a business day series of SPY options [on the SPDR S&P 
500 ETF Trust (``SPY'')] to expire on any Wednesday of the month that 
is a business day and is not a Wednesday [i]on which Quarterly Options 
Series expire (``Wednesday SPY Expirations''). The Exchange may list up 
to five consecutive Monday SPY Expirations and up to five consecutive 
Wednesday SPY Expirations at one time; the Exchange may have no more 
than a total of five Monday SPY Expirations and no more than a total of 
five Wednesday SPY Expirations. Monday and Wednesday SPY Expirations 
will be subject to the provisions of this Rule.
    .06-.07 (No change).
* * * * *
    The text of the proposed rule change is available at the Exchange's 
website at www.markets.cboe.com, at the principal office of the 
Exchange, 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 parts 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 expand the Short Term Options Series 
Program described in Rule 19.6 to allow the listing and trading of SPY 
options with Monday expirations. The Exchange also proposes to make 
corresponding changes to the definition of Short Term Options Series in 
Rule 16.1. This is a competitive filing based on a filing submitted by 
Nasdaq PHLX LLC (``Phlx''), which the Securities and Exchange 
Commission (``Commission'') recently approved.\5\
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    \5\ See Securities Exchange Act Release No. 82611, February 1, 
2018 (order approving SR-Phlx-2017-103.
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    Currently, as set forth in Rule 16.1(a)(57), a Short Term Option 
Series is a series in an option class that is approved for listing and 
trading on the Exchange in which the series is opened for trading on 
any Tuesday, Wednesday, Thursday, or Friday that is a business day and 
that expires on the Wednesday or Friday of the next business week. The 
Exchange now proposes to amend Rule 16.1(a)(57) to permit the listing 
of options series that expire on Mondays. Specifically, the Exchange 
proposes that it may open for trading series of options on any Monday 
that is a business day and that expires on the Monday of the next 
business week. The Exchange also proposes to list Monday expirations 
series on Fridays that precede the expiration Monday by one business 
week plus one business day. Since Rule 16.1(a)(57) already provides for 
the listing of short term option series on Fridays, the Exchange is not 
modifying this provision to allow for Friday listing of Monday 
expiration series. However, the Exchange is amending Rule 16.1(a)(57) 
to clarify that, in the case of a series that is listed on a Friday and 
expires on a Monday, that series must be listed one business week and 
one business day prior to that expiration (i.e. two Fridays prior to 
expiration). Monday expirations are not a novel proposal. Specifically, 
Cboe Exchange, Inc. (``Cboe Options'') is currently able to list Monday 
expirations for broad-based index options.\6\ Additionally, Phlx 
recently received Commission approval to list Monday SPY 
Expirations.\7\
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    \6\ See Cboe Options Rule 24.9(e) (describing Cboe Options 
nonstandard expirations pilot program). Pursuant to the nonstandard 
expirations pilot program, if Cboe Options is not open for business 
on a respective Monday, the normally Monday expiring Weekly 
Expirations will expire on the following business day.
    \7\ See supra note 5.
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    The Exchange also proposes to amend Rule 16.1(a)(57) to address the 
expiration of Monday expiration series when the Monday is not a 
business day. In that case, the rule will provide that the series will 
expire on the first business day immediately following that Monday. 
This procedure differs from the expiration date of the Wednesday 
expiration series that are scheduled to expire on a holiday. In that 
case, the Wednesday expiration series will expire on the first business 
day immediately prior to that Wednesday (e.g., Tuesday of that 
week).\8\ However, the Exchange believes it is preferable to require 
Monday expiration series in this scenario to expire on the Tuesday of 
that week rather than the previous business day (e.g., the previous 
Friday), since the Tuesday is closer in time to the scheduled 
expiration date of the series than the previous Friday, and therefore 
may be more representative of anticipated market conditions. The 
Exchange also notes that Cboe Options

[[Page 8136]]

uses the same procedure for options on the S&P 500 index (``SPX'') with 
Monday expirations that are listed pursuant to its Nonstandard 
Expirations Pilot Program and that are scheduled to expire on a 
holiday.\9\
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    \8\ See Rule 16.1(a)(57).
    \9\ See Rule 24.9(e) (describing Cboe Options' nonstandard 
expirations pilot program). Pursuant to the nonstandard expirations 
pilot program, if Cboe Options' is not open for business on a 
respective Monday, the normally Monday expiring Weekly Expirations 
will expire on the following business day.
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    The Exchange also proposes to make corresponding changes to Rule 
19.6, Interpretation and Policy .05, which sets forth the requirements 
for SPY options that are listed pursuant to the Short Term Options 
Series Program, to permit Monday SPY expirations (``Monday SPY 
Expirations''). Accordingly, the Exchange proposes to amend 
Interpretation and Policy .05(g) to state the Exchange may open for 
trading on any Friday or Monday that is a business day series of SPY 
options to expire on any Monday of the month that is a business day and 
is not a Monday on which Quarterly Options Series expire, provided that 
Monday SPY Expirations that are listed on a Friday must be listed at 
least one business week and one business day prior to the expiration.
    As with Wednesday SPY Expirations, the proposed rule change states 
the Exchange may list up to five consecutive Monday SPY Expirations at 
one time, and may have no more than a total of five Monday SPY 
Expirations (in addition to a maximum of five Short Term Options Series 
expirations for SPY options expiring on Friday and five Wednesday SPY 
Expirations). The Exchange proposes to clarify that the five 
expirations limit in the current Short Term Option Series Program would 
not include any Monday SPY Expirations. The five expirations limit in 
the current Short Term Option Series Program currently excludes any 
Wednesday SPY Expirations. This means, under the proposed rule change, 
the Exchange may list five Short Term Option Series expirations for SPY 
expiring on Friday, five Wednesday SPY Expirations, and five Monday SPY 
Expirations. The Exchange will also clarify that, as with Wednesday SPY 
Expirations, Monday SPY Expirations will be subject to the provisions 
of Rule 19.6.
    The proposed rule change also amends Rule 19.6, Interpretation and 
Policy .05(b), which addresses the listing of Short Term Option Series 
that expire in the same week as monthly or quarterly options series. 
Currently, the rule states no Short Term Option Series may expire in 
the same week in which monthly option series on the same class expire 
(with the exception of Wednesday SPY Expirations) or, in the case of 
Quarterly Option Series, on an expiration that coincides with an 
expiration of Quarterly Option Series on the same class. As with 
Wednesday SPY Expirations, the Exchange proposes to permit Monday SPY 
Expirations to expire in the same week as monthly option series on the 
same class. The Exchange believes it is reasonable to extend this 
exemption to Monday SPY Expirations because Monday SPY Expirations and 
standard monthly options will not expire on the same trading day, as 
standard monthly options expire on Fridays. Additionally, the Exchange 
believes that not listing Monday SPY Expirations for one week every 
month because there was a monthly SPY expiration on the Friday of that 
week would create investor confusion.
    The interval between strike prices for the proposed Monday SPY 
Expirations will be the same as those for the current Short Term Option 
Series for Wednesday and Friday SPY Expirations, which is a $0.50 
strike interval minimum.\10\
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    \10\ See Rule 19.6, Interpretation and Policy .05(f) (the 
Exchange may open for trading Short Term Option Series at $0.50 
strike price intervals for classes that trade in $1 dollar 
increments and are in the Short Term Option Series Program). 
Pursuant to Rule 19.4(d)(4), Interpretation and Policy .02, SPY 
options have $1 strike price intervals for non-Short Term Option 
Program series.
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    Currently, for each option class eligible for participation in the 
Short Term Option Series Program, the Exchange is limited to opening 30 
series for each expiration date for the specific class. The 30 series 
restriction does not include series that are opened by other securities 
exchanges under their respective short term option rules; the Exchange 
may list these additional series that are listed by other 
exchanges.\11\ This 30 series restriction will apply to Monday SPY 
Expirations as well. In addition, the Exchange will be able to list 
series that are listed by other exchanges, assuming they file similar 
rules with the Commission to list SPY options expiring on Mondays.
---------------------------------------------------------------------------

    \11\ See Rule 19.6, Interpretation and Policy .05(a).
---------------------------------------------------------------------------

    As is the case with other options series listed pursuant to the 
Short Term Option Series, the Monday SPY Expiration series will be 
p.m.-settled. The Exchange does not believe that any market disruptions 
will be encountered with the introduction of p.m.-settled Monday 
expirations. The Exchange has necessary capacity and surveillance 
programs in place to support and properly monitor trading in the 
proposed Monday expiration series, including Monday SPY Expirations. 
The Exchange currently trades p.m.-settled Short Term Option Series 
that expire almost every Wednesday and Friday, which provide market 
participants with a tool to hedge special events and to reduce the 
premium cost of buying protection. The Exchange notes it has been 
listing Wednesday expirations since 2016. With the exception of Monday 
expiration series that are scheduled to expire on a holiday, the 
Exchange does not believe there are any material differences between 
Monday SPY Expirations and Wednesday or Friday SPY Expirations.
    The Exchange seeks to introduce Monday SPY Expirations to, among 
other things, expand hedging tools available to market participants and 
to continue the reduction of the premium cost of buying protection. The 
Exchange believes Monday SPY Expirations, similar to Wednesday and 
Friday SPY Expirations, will allow market participants to purchase a 
SPY option based on their timing as needed and allow them to tailor 
their investment and hedging needs more effectively.
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.\12\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \13\ 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) \14\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the Short Term Option Series 
Program has been successful to date and that Monday SPY Expirations 
simply expand

[[Page 8137]]

the ability of investors to hedge risk against market movements 
stemming from economic releases or market events that occur throughout 
the month in the same way the Short Term Option Series Program has 
expanded the landscape of hedging. Similarly, the Exchange believes 
Monday SPY Expirations should create greater trading and hedging 
opportunities and flexibility, and will provide customers with the 
ability to tailor their investment objectives more effectively. With 
the exception of Monday expiration series that are scheduled to expire 
on a holiday, the Exchange does not believe there are any material 
differences between Monday SPY Expirations and Wednesday or Friday SPY 
Expirations. The Exchange has been listing Wednesday SPY Expirations 
pursuant to Rule 19.6, Interpretation and Policy .05 since 2016. The 
Exchange believes it is consistent with the Act to treat Monday SPY 
Expirations that expire on a holiday differently than Wednesday and 
Friday SPY Expirations, since the proposed treatment for Monday SPY 
Expirations will result in an expiration date that is closer in time to 
the scheduled expiration date of the series, and therefore may be more 
representative of anticipated market conditions. Cboe Options uses the 
same procedure for broad-based index options with Monday expirations 
listed pursuant the Nonstandard Expirations Pilot Program that are 
scheduled to expire on a holiday.\15\
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    \15\ See Cboe Options Rule 24.9(e) (describing Cboe Options' 
nonstandard expirations pilot program). Pursuant to the nonstandard 
expirations pilot program, if the Exchange is not open for business 
on a respective Monday, the normally Monday expiring Weekly 
Expirations will expire on the following business day.
---------------------------------------------------------------------------

    Given the similarities between Monday SPY Expirations and Wednesday 
and Friday SPY Expirations, the Exchange believes applying the 
provisions in Rules 16.1(a)(57) and 19.6, Interpretation and Policy .05 
that currently apply to Wednesday SPY Expirations to Monday SPY 
Expirations is justified. For example, the Exchange believes allowing 
Monday SPY Expirations and monthly SPY expirations in the same week 
will benefit investors and minimize investor confusion by providing 
Monday SPY Expirations in a continuous and uniform manner. 
Additionally, the Exchange believes it is appropriate to not permit 
Monday SPY Expirations to expire on the same day as an expiration of 
SPY Quarterly Option Series. This is consistent with treatment of 
Wednesday SPY Expirations, which may currently expire in the same week 
as a monthly SPY expiration but may not expire on the same day as an 
expiration of SPY Quarterly Option Series.
    The Exchange represents it has an adequate surveillance program in 
place to detect manipulative trading in Monday SPY Expirations in the 
same way it monitors trading in the current Short Term Option Series. 
The Exchange also represents it has the necessary systems capacity to 
support the new options series.
    The proposed rule change is consistent with current rules of 
another options exchange, pursuant to which Cboe Options currently 
lists Monday expirations for weekly broad-based index options.\16\ 
Additionally, the proposed rule change is consistent with rules of 
another options exchange, as Phlx recently received Commission approval 
to list Monday SPY Expirations.\17\
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    \16\ Id.
    \17\ See supra note 5.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    EDGX Options does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Having Monday expirations is 
not a novel proposal, as Cboe Options currently lists weekly broad-
based index options with Monday expirations pursuant to its nonstandard 
expirations pilot program. EDGX Options does not believe the proposed 
rule change will impose any burden on intramarket competition, as all 
market participants will be treated in the same manner as they are with 
respect to existing Short Term Option Series. EDGX Options does not 
believe the proposed rule change will impose any burden on intermarket 
competition, as Phlx recently received Commission approval to list 
Monday SPY Expirations.\18\ EDGX Options believes this proposed rule 
change is necessary to ensure fair competition among the options 
exchanges. Additionally, nothing prevents other options exchange from 
proposing similar rules to list and trade short-term option series in 
SPY with Monday expirations.
---------------------------------------------------------------------------

    \18\ Id.
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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 has neither solicited nor received written 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, the proposed rule 
change has become effective pursuant to Section 19(b)(3)(A) of the Act 
\19\ and Rule 19b-4(f)(6) thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intention to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days from the date of filing. However, Rule 
19b-4(f)(6)(iii) \21\ permits the Commission to designate a shorter 
time if such action is consistent with the protection of investors and 
the public interest. The Exchange has asked the Commission to waive the 
30-day operative delay so that the proposal may become operative 
immediately upon filing. The Commission notes that it recently approved 
Phlx's substantially similar proposal to list and trade Monday SPY 
Expirations.\22\ The Exchange has stated that waiver of the operative 
delay will allow the Exchange to list and trade Monday SPY Expirations 
as soon as possible, and therefore, promote competition among the 
option exchanges. For these reasons, the Commission believes that the 
proposed rule change presents no novel issues and that waiver of the 
30-day operative delay is consistent with the protection of investors 
and the public interest, and will allow the Exchange to remain 
competitive with other exchanges. Therefore, the Commission hereby 
waives the 30-day operative delay and designates the proposal operative 
upon filing.\23\
---------------------------------------------------------------------------

    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ See supra note 5.
    \23\ 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

[[Page 8138]]

public interest, for the protection of investors, or otherwise in 
furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission shall institute proceedings to determine whether 
the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposal 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 No. SR-CboeEDGX-2018-007 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 No. SR-CboeEDGX-2018-007. 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 such filing will also 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 No. SR-CboeEDGX-2018-007 and should be submitted 
on or before March 16, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03699 Filed 2-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               8134                            Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               III. Date of Effectiveness of the                          post all comments on the Commission’s                Commission (‘‘Commission’’) the
                                               Proposed Rule Change and Timing for                        internet website (http://www.sec.gov/                proposed rule change as described in
                                               Commission Action                                          rules/sro.shtml). Copies of the                      Items I and II below, which Items have
                                                  The Exchange has filed the proposed                     submission, all subsequent                           been prepared by the Exchange. The
                                               rule change pursuant to Section                            amendments, all written statements                   Exchange has designated this proposal
                                               19(b)(3)(A) of the Act 16 and Rule 19b–                    with respect to the proposed rule                    as a ‘‘non-controversial’’ proposed rule
                                               4(f)(6) thereunder.17 Because the                          change that are filed with the                       change pursuant to Section 19(b)(3)(A)
                                               proposed rule change does not: (i)                         Commission, and all written                          of the Act 3 and Rule 19b–4(f)(6)(iii)
                                               Significantly affect the protection of                     communications relating to the                       thereunder,4 which renders it effective
                                                                                                          proposed rule change between the                     upon filing with the Commission. The
                                               investors or the public interest; (ii)
                                                                                                          Commission and any person, other than                Commission is publishing this notice to
                                               impose any significant burden on
                                                                                                          those that may be withheld from the                  solicit comments on the proposed rule
                                               competition; and (iii) become operative
                                                                                                          public in accordance with the                        change from interested persons.
                                               for 30 days from the date on which it
                                                                                                          provisions of 5 U.S.C. 552, will be
                                               was filed, or such shorter time as the                                                                          I. Self-Regulatory Organization’s
                                                                                                          available for website viewing and
                                               Commission may designate, it has                                                                                Statement of the Terms of Substance of
                                                                                                          printing in the Commission’s Public
                                               become effective pursuant to Section                                                                            the Proposed Rule Change
                                                                                                          Reference Room, 100 F Street NE,
                                               19(b)(3)(A) of the Act and Rule 19b–
                                                                                                          Washington, DC 20549 on official                        The Exchange filed a proposal to
                                               4(f)(6) thereunder.18
                                                                                                          business days between the hours of                   expand the Short Term Options Series
                                                  At any time within 60 days of the
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of such              Program to allow Monday expirations
                                               filing of such proposed rule change, the
                                                                                                          filing also will be available for                    for SPDR S&P 500 ETF Trust (‘‘SPY’’)
                                               Commission summarily may
                                                                                                          inspection and copying at the principal              options.
                                               temporarily suspend such rule change if
                                                                                                          office of the Exchange. All comments
                                               it appears to the Commission that such                     received will be posted without change.              (additions are italicized; deletions are
                                               action is necessary or appropriate in the                  Persons submitting comments are                      [bracketed])
                                               public interest, for the protection of                     cautioned that we do not redact or edit              *          *      *       *      *
                                               investors, or otherwise in furtherance of                  personal identifying information from
                                               the purposes of the Act.                                                                                        Rules of Cboe EDGX Exchange, Inc.
                                                                                                          comment submissions. You should
                                               IV. Solicitation of Comments                               submit only information that you wish                *          *      *       *      *
                                                                                                          to make available publicly. All                      Rule 16.1. Definitions
                                                 Interested persons are invited to
                                                                                                          submissions should refer to File
                                               submit written data, views, and                                                                                    (a) With respect to the Rules
                                                                                                          Number SR–NYSEAMER–2018–04, and
                                               arguments concerning the foregoing,                                                                             contained in Chapters XVI to XXIX
                                                                                                          should be submitted on or before March
                                               including whether the proposed rule                                                                             below, relating to the trading of options
                                                                                                          16, 2018.
                                               change is consistent with the Act.                                                                              contracts on the Exchange, the following
                                               Comments may be submitted by any of                          For the Commission, by the Division of
                                                                                                          Trading and Markets, pursuant to delegated           terms shall have the meanings specified
                                               the following methods:                                                                                          in this Rule. A term defined elsewhere
                                                                                                          authority.19
                                               Electronic Comments                                        Eduardo A. Aleman,                                   in the Exchange Rules shall have the
                                                                                                                                                               same meaning with respect to this
                                                  • Use the Commission’s internet                         Assistant Secretary.
                                                                                                                                                               Chapter XVI, unless otherwise defined
                                               comment form (http://www.sec.gov/                          [FR Doc. 2018–03697 Filed 2–22–18; 8:45 am]
                                                                                                                                                               below.
                                               rules/sro.shtml); or                                       BILLING CODE 8011–01–P
                                                                                                                                                                  (1)–(56) (No change).
                                                  • Send an email to rule-comments@                                                                               (57) The term ‘‘Short Term Option
                                               sec.gov. Please include File Number SR–                                                                         Series’’ means a series in an option class
                                               NYSEAMER–2018–04 on the subject                            SECURITIES AND EXCHANGE
                                                                                                                                                               that is approved for listing and trading
                                               line.                                                      COMMISSION
                                                                                                                                                               on the Exchange in which the series is
                                               Paper Comments                                             [Release No. 34–82734; File No. SR–                  opened for trading on any Monday,
                                                                                                          CboeEDGX–2018–007]                                   Tuesday, Wednesday, Thursday or
                                                  • Send paper comments in triplicate
                                                                                                                                                               Friday that is a business day and that
                                               to Secretary, Securities and Exchange                      Self-Regulatory Organizations; Cboe                  expires on the Monday, Wednesday or
                                               Commission, 100 F Street NE,                               EDGX Exchange, Inc.; Notice of Filing                Friday of the next business week, or, in
                                               Washington, DC 20549–1090.                                 and Immediate Effectiveness of a                     the case of a series that is listed on a
                                               All submissions should refer to File                       Proposed Rule Change To Expand the                   Friday and expires on a Monday, is
                                               Number SR–NYSEAMER–2018–04. This                           Short Term Options Series Program To                 listed one business week and one
                                               file number should be included on the                      Allow Monday Expirations for SPDR                    business day prior to that expiration. If
                                               subject line if email is used. To help the                 S&P 500 ETF Trust Options on the
                                                                                                                                                               a Tuesday, Wednesday, Thursday or
                                               Commission process and review your                         Exchange’s Equity Options Platform
                                                                                                                                                               Friday is not a business day, the series
                                               comments more efficiently, please use                      February 16, 2018.                                   may be opened (or shall expire) on the
                                               only one method. The Commission will                          Pursuant to Section 19(b)(1) of the               first business day immediately prior to
                                                                                                          Securities Exchange Act of 1934 (the                 that Tuesday, Wednesday, Thursday or
                                                 16 15 U.S.C. 78s(b)(3)(A)(iii).
                                                 17 17
                                                                                                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2               Friday, respectively. For a series listed
                                                       CFR 240.19b–4(f)(6).
                                                                                                          notice is hereby given that on February              pursuant to this section for Monday
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                                                 18 In addition, Rule 19b–4(f)(6)(iii) requires a self-

                                               regulatory organization to give the Commission             15, 2018, Cboe EDGX Exchange, Inc.                   expiration, if a Monday is not a business
                                               written notice of its intent to file the proposed rule     (the ‘‘Exchange’’ or ‘‘EDGX Options’’)               day, the series shall expire on the first
                                               change, along with a brief description and text of         filed with the Securities and Exchange               business day immediately following that
                                               the proposed rule change, at least five business days
                                               prior to the date of filing of the proposed rule
                                                                                                                                                               Monday.
                                                                                                            19 17 CFR 200.30–3(a)(12).
                                               change, or such shorter time as designated by the
                                                                                                            1 15 U.S.C. 78s(b)(1).                                 3 15   U.S.C. 78s(b)(3)(A).
                                               Commission. The Exchange has satisfied this
                                               requirement.                                                 2 17 CFR 240.19b–4.                                    4 17   CFR 240.19b–4(f)(6)(iii).



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                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                                   8135

                                                  (58)–(63) (No change).                               ETF Trust (‘‘SPY’’)] to expire on any                 day and that expires on the Wednesday
                                                                                                       Wednesday of the month that is a                      or Friday of the next business week. The
                                               Interpretations and Policies
                                                                                                       business day and is not a Wednesday                   Exchange now proposes to amend Rule
                                                 .01 (No change).                                      [i]on which Quarterly Options Series                  16.1(a)(57) to permit the listing of
                                               *     *     *    *    *                                 expire (‘‘Wednesday SPY Expirations’’).               options series that expire on Mondays.
                                                                                                       The Exchange may list up to five                      Specifically, the Exchange proposes that
                                               Rule 19.6. Series of Options Contracts
                                                                                                       consecutive Monday SPY Expirations                    it may open for trading series of options
                                               Open for Trading
                                                                                                       and up to five consecutive Wednesday                  on any Monday that is a business day
                                                 (a)–(g) (No change).                                  SPY Expirations at one time; the                      and that expires on the Monday of the
                                               Interpretations and Policies                            Exchange may have no more than a total                next business week. The Exchange also
                                                                                                       of five Monday SPY Expirations and no                 proposes to list Monday expirations
                                                  .01–.04 (No change).                                 more than a total of five Wednesday                   series on Fridays that precede the
                                                  .05 After an option class has been                   SPY Expirations. Monday and                           expiration Monday by one business
                                               approved for listing and trading on                     Wednesday SPY Expirations will be                     week plus one business day. Since Rule
                                               EDGX Options, the Exchange may open                     subject to the provisions of this Rule.               16.1(a)(57) already provides for the
                                               for trading on any Thursday or Friday                      .06–.07 (No change).                               listing of short term option series on
                                               that is a business day (‘‘Short Term                    *     *     *     *    *                              Fridays, the Exchange is not modifying
                                               Option Opening Date’’) series of options                   The text of the proposed rule change               this provision to allow for Friday listing
                                               on that class that expire on each of the                is available at the Exchange’s website at             of Monday expiration series. However,
                                               next five (5) Fridays that are business                 www.markets.cboe.com, at the principal                the Exchange is amending Rule
                                               days and are not Fridays in which                       office of the Exchange, and at the                    16.1(a)(57) to clarify that, in the case of
                                               monthly options series or Quarterly                     Commission’s Public Reference Room.                   a series that is listed on a Friday and
                                               Options Series expire (‘‘Short Term                                                                           expires on a Monday, that series must
                                               Option Expiration Dates’’). The                         II. Self-Regulatory Organization’s
                                                                                                                                                             be listed one business week and one
                                               Exchange may have no more than a total                  Statement of the Purpose of, and
                                                                                                                                                             business day prior to that expiration (i.e.
                                               of five Short Term Option Expiration                    Statutory Basis for, the Proposed Rule
                                                                                                                                                             two Fridays prior to expiration).
                                               Dates, not including any Monday or                      Change
                                                                                                                                                             Monday expirations are not a novel
                                               Wednesday SPY Expirations as                               In its filing with the Commission, the             proposal. Specifically, Cboe Exchange,
                                               provided in paragraph (g) below. If                     Exchange included statements                          Inc. (‘‘Cboe Options’’) is currently able
                                               EDGX Options is not open for business                   concerning the purpose of and basis for               to list Monday expirations for broad-
                                               on the respective Thursday or Friday,                   the proposed rule change and discussed                based index options.6 Additionally,
                                               the Short Term Option Opening Date                      any comments it received on the                       Phlx recently received Commission
                                               will be the first business day                          proposed rule change. The text of these               approval to list Monday SPY
                                               immediately prior to that respective                    statements may be examined at the                     Expirations.7
                                               Thursday or Friday. Similarly, if EDGX                  places specified in Item IV below. The                   The Exchange also proposes to amend
                                               Options is not open for business on the                 Exchange has prepared summaries, set                  Rule 16.1(a)(57) to address the
                                               Friday that the options are set to expire,              forth in Sections A, B, and C below, of               expiration of Monday expiration series
                                               the Short Term Option Expiration Date                   the most significant parts of such                    when the Monday is not a business day.
                                               will be the first business day                          statements.                                           In that case, the rule will provide that
                                               immediately prior to that Friday.                                                                             the series will expire on the first
                                                                                                       (A) Self-Regulatory Organization’s
                                               Regarding Short Term Option Series:                     Statement of the Purpose of, and                      business day immediately following that
                                                  (a) (No change).                                                                                           Monday. This procedure differs from
                                                  (b) With the exception of Monday and                 Statutory Basis for, the Proposed Rule
                                                                                                       Change                                                the expiration date of the Wednesday
                                               Wednesday SPY Expirations, no Short                                                                           expiration series that are scheduled to
                                               Term Option Series may expire in the                    1. Purpose                                            expire on a holiday. In that case, the
                                               same week in which monthly option                          The Exchange proposes to expand the                Wednesday expiration series will expire
                                               series on the same class expire or, in the              Short Term Options Series Program                     on the first business day immediately
                                               case of Quarterly Options Series, on an                 described in Rule 19.6 to allow the                   prior to that Wednesday (e.g., Tuesday
                                               expiration that coincides with an                       listing and trading of SPY options with               of that week).8 However, the Exchange
                                               expiration of Quarterly Options Series                  Monday expirations. The Exchange also                 believes it is preferable to require
                                               on the same class.                                      proposes to make corresponding                        Monday expiration series in this
                                                  (c)–(f) (No change).                                 changes to the definition of Short Term               scenario to expire on the Tuesday of
                                                  (g) Monday and Wednesday SPY
                                                                                                       Options Series in Rule 16.1. This is a                that week rather than the previous
                                               Expirations. The Exchange may open for
                                                                                                       competitive filing based on a filing                  business day (e.g., the previous Friday),
                                               trading on any Friday or Monday that is
                                                                                                       submitted by Nasdaq PHLX LLC                          since the Tuesday is closer in time to
                                               a business day series of options on the
                                                                                                       (‘‘Phlx’’), which the Securities and                  the scheduled expiration date of the
                                               SPDR S&P 500 ETF Trust (‘‘SPY’’) to
                                                                                                       Exchange Commission (‘‘Commission’’)                  series than the previous Friday, and
                                               expire on any Monday of the month that
                                                                                                       recently approved.5                                   therefore may be more representative of
                                               is a business day and is not a Monday
                                                                                                          Currently, as set forth in Rule                    anticipated market conditions. The
                                               on which Quarterly Options Series
                                                                                                       16.1(a)(57), a Short Term Option Series               Exchange also notes that Cboe Options
                                               expire (‘‘Monday SPY Expirations’’),
                                                                                                       is a series in an option class that is
                                               provided that any Friday on which the
                                                                                                       approved for listing and trading on the
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                                                                                                                                                               6 See Cboe Options Rule 24.9(e) (describing Cboe
                                               Exchange opens for trading a Monday                                                                           Options nonstandard expirations pilot program).
                                                                                                       Exchange in which the series is opened
                                               SPY Expiration is one business week                                                                           Pursuant to the nonstandard expirations pilot
                                                                                                       for trading on any Tuesday, Wednesday,                program, if Cboe Options is not open for business
                                               and one business day prior to
                                                                                                       Thursday, or Friday that is a business                on a respective Monday, the normally Monday
                                               expiration. The Exchange may also                                                                             expiring Weekly Expirations will expire on the
                                               open for trading on any Tuesday or                        5 See Securities Exchange Act Release No. 82611,    following business day.
                                               Wednesday that is a business day series                 February 1, 2018 (order approving SR–Phlx–2017–         7 See supra note 5.

                                               of SPY options [on the SPDR S&P 500                     103.                                                    8 See Rule 16.1(a)(57).




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                                               8136                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               uses the same procedure for options on                  monthly option series on the same class                  proposed Monday expiration series,
                                               the S&P 500 index (‘‘SPX’’) with                        expire (with the exception of                            including Monday SPY Expirations. The
                                               Monday expirations that are listed                      Wednesday SPY Expirations) or, in the                    Exchange currently trades p.m.-settled
                                               pursuant to its Nonstandard Expirations                 case of Quarterly Option Series, on an                   Short Term Option Series that expire
                                               Pilot Program and that are scheduled to                 expiration that coincides with an                        almost every Wednesday and Friday,
                                               expire on a holiday.9                                   expiration of Quarterly Option Series on                 which provide market participants with
                                                  The Exchange also proposes to make                   the same class. As with Wednesday SPY                    a tool to hedge special events and to
                                               corresponding changes to Rule 19.6,                     Expirations, the Exchange proposes to                    reduce the premium cost of buying
                                               Interpretation and Policy .05, which sets               permit Monday SPY Expirations to                         protection. The Exchange notes it has
                                               forth the requirements for SPY options                  expire in the same week as monthly                       been listing Wednesday expirations
                                               that are listed pursuant to the Short                   option series on the same class. The                     since 2016. With the exception of
                                               Term Options Series Program, to permit                  Exchange believes it is reasonable to                    Monday expiration series that are
                                               Monday SPY expirations (‘‘Monday SPY                    extend this exemption to Monday SPY                      scheduled to expire on a holiday, the
                                               Expirations’’). Accordingly, the                        Expirations because Monday SPY                           Exchange does not believe there are any
                                               Exchange proposes to amend                              Expirations and standard monthly                         material differences between Monday
                                               Interpretation and Policy .05(g) to state               options will not expire on the same                      SPY Expirations and Wednesday or
                                               the Exchange may open for trading on                    trading day, as standard monthly                         Friday SPY Expirations.
                                               any Friday or Monday that is a business                 options expire on Fridays. Additionally,                    The Exchange seeks to introduce
                                               day series of SPY options to expire on                  the Exchange believes that not listing                   Monday SPY Expirations to, among
                                               any Monday of the month that is a                       Monday SPY Expirations for one week                      other things, expand hedging tools
                                               business day and is not a Monday on                     every month because there was a                          available to market participants and to
                                               which Quarterly Options Series expire,                  monthly SPY expiration on the Friday                     continue the reduction of the premium
                                               provided that Monday SPY Expirations                    of that week would create investor                       cost of buying protection. The Exchange
                                               that are listed on a Friday must be listed              confusion.                                               believes Monday SPY Expirations,
                                               at least one business week and one                         The interval between strike prices for                similar to Wednesday and Friday SPY
                                               business day prior to the expiration.                   the proposed Monday SPY Expirations                      Expirations, will allow market
                                                  As with Wednesday SPY Expirations,                   will be the same as those for the current                participants to purchase a SPY option
                                               the proposed rule change states the                     Short Term Option Series for                             based on their timing as needed and
                                               Exchange may list up to five                            Wednesday and Friday SPY Expirations,                    allow them to tailor their investment
                                               consecutive Monday SPY Expirations at                   which is a $0.50 strike interval                         and hedging needs more effectively.
                                               one time, and may have no more than                     minimum.10
                                               a total of five Monday SPY Expirations                                                                           2. Statutory Basis
                                                                                                          Currently, for each option class
                                               (in addition to a maximum of five Short                 eligible for participation in the Short                     The Exchange believes the proposed
                                               Term Options Series expirations for SPY                 Term Option Series Program, the                          rule change is consistent with the
                                               options expiring on Friday and five                     Exchange is limited to opening 30 series                 Securities Exchange Act of 1934 (the
                                               Wednesday SPY Expirations). The                         for each expiration date for the specific                ‘‘Act’’) and the rules and regulations
                                               Exchange proposes to clarify that the                   class. The 30 series restriction does not                thereunder applicable to the Exchange
                                               five expirations limit in the current                   include series that are opened by other                  and, in particular, the requirements of
                                               Short Term Option Series Program                        securities exchanges under their                         Section 6(b) of the Act.12 Specifically,
                                               would not include any Monday SPY                        respective short term option rules; the                  the Exchange believes the proposed rule
                                               Expirations. The five expirations limit                 Exchange may list these additional                       change is consistent with the Section
                                               in the current Short Term Option Series                 series that are listed by other                          6(b)(5) 13 requirements that the rules of
                                               Program currently excludes any                          exchanges.11 This 30 series restriction                  an exchange be designed to prevent
                                               Wednesday SPY Expirations. This                         will apply to Monday SPY Expirations                     fraudulent and manipulative acts and
                                               means, under the proposed rule change,                  as well. In addition, the Exchange will                  practices, to promote just and equitable
                                               the Exchange may list five Short Term                   be able to list series that are listed by                principles of trade, to foster cooperation
                                               Option Series expirations for SPY                       other exchanges, assuming they file                      and coordination with persons engaged
                                               expiring on Friday, five Wednesday SPY                  similar rules with the Commission to                     in regulating, clearing, settling,
                                               Expirations, and five Monday SPY                        list SPY options expiring on Mondays.                    processing information with respect to,
                                               Expirations. The Exchange will also                        As is the case with other options                     and facilitating transactions in
                                               clarify that, as with Wednesday SPY                     series listed pursuant to the Short Term                 securities, to remove impediments to
                                               Expirations, Monday SPY Expirations                     Option Series, the Monday SPY                            and perfect the mechanism of a free and
                                               will be subject to the provisions of Rule               Expiration series will be p.m.-settled.                  open market and a national market
                                               19.6.                                                   The Exchange does not believe that any                   system, and, in general, to protect
                                                  The proposed rule change also                        market disruptions will be encountered                   investors and the public interest.
                                               amends Rule 19.6, Interpretation and                    with the introduction of p.m.-settled                    Additionally, the Exchange believes the
                                               Policy .05(b), which addresses the                      Monday expirations. The Exchange has                     proposed rule change is consistent with
                                               listing of Short Term Option Series that                necessary capacity and surveillance                      the Section 6(b)(5) 14 requirement that
                                               expire in the same week as monthly or                   programs in place to support and                         the rules of an exchange not be designed
                                               quarterly options series. Currently, the                properly monitor trading in the                          to permit unfair discrimination between
                                               rule states no Short Term Option Series                                                                          customers, issuers, brokers, or dealers.
                                               may expire in the same week in which                                                                                In particular, the Exchange believes
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                                                                                                          10 See Rule 19.6, Interpretation and Policy .05(f)

                                                                                                       (the Exchange may open for trading Short Term            the Short Term Option Series Program
                                                 9 See Rule 24.9(e) (describing Cboe Options’          Option Series at $0.50 strike price intervals for        has been successful to date and that
                                               nonstandard expirations pilot program). Pursuant to     classes that trade in $1 dollar increments and are
                                                                                                       in the Short Term Option Series Program). Pursuant
                                                                                                                                                                Monday SPY Expirations simply expand
                                               the nonstandard expirations pilot program, if Cboe
                                               Options’ is not open for business on a respective       to Rule 19.4(d)(4), Interpretation and Policy .02,
                                                                                                                                                                 12 15    U.S.C. 78f(b).
                                               Monday, the normally Monday expiring Weekly             SPY options have $1 strike price intervals for non-
                                               Expirations will expire on the following business       Short Term Option Program series.                         13 15    U.S.C. 78f(b)(5).
                                               day.                                                       11 See Rule 19.6, Interpretation and Policy .05(a).    14 Id.




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                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                                        8137

                                               the ability of investors to hedge risk                  SPY expiration but may not expire on                   III. Date of Effectiveness of the
                                               against market movements stemming                       the same day as an expiration of SPY                   Proposed Rule Change and Timing for
                                               from economic releases or market events                 Quarterly Option Series.                               Commission Action
                                               that occur throughout the month in the                    The Exchange represents it has an                       Because the foregoing proposed rule
                                               same way the Short Term Option Series                   adequate surveillance program in place                 change does not: (i) Significantly affect
                                               Program has expanded the landscape of                   to detect manipulative trading in                      the protection of investors or the public
                                               hedging. Similarly, the Exchange                        Monday SPY Expirations in the same                     interest; (ii) impose any significant
                                               believes Monday SPY Expirations                         way it monitors trading in the current                 burden on competition; and (iii) become
                                               should create greater trading and                                                                              operative for 30 days from the date on
                                                                                                       Short Term Option Series. The
                                               hedging opportunities and flexibility,                                                                         which it was filed, or such shorter time
                                                                                                       Exchange also represents it has the
                                               and will provide customers with the                                                                            as the Commission may designate, the
                                                                                                       necessary systems capacity to support
                                               ability to tailor their investment                                                                             proposed rule change has become
                                                                                                       the new options series.
                                               objectives more effectively. With the                                                                          effective pursuant to Section 19(b)(3)(A)
                                               exception of Monday expiration series                     The proposed rule change is
                                                                                                                                                              of the Act 19 and Rule 19b–4(f)(6)
                                               that are scheduled to expire on a                       consistent with current rules of another
                                                                                                                                                              thereunder.20
                                               holiday, the Exchange does not believe                  options exchange, pursuant to which                       A proposed rule change filed under
                                               there are any material differences                      Cboe Options currently lists Monday                    Rule 19b–4(f)(6) normally does not
                                               between Monday SPY Expirations and                      expirations for weekly broad-based                     become operative for 30 days from the
                                               Wednesday or Friday SPY Expirations.                    index options.16 Additionally, the                     date of filing. However, Rule 19b–
                                               The Exchange has been listing                           proposed rule change is consistent with                4(f)(6)(iii) 21 permits the Commission to
                                               Wednesday SPY Expirations pursuant to                   rules of another options exchange, as                  designate a shorter time if such action
                                               Rule 19.6, Interpretation and Policy .05                Phlx recently received Commission                      is consistent with the protection of
                                               since 2016. The Exchange believes it is                 approval to list Monday SPY                            investors and the public interest. The
                                               consistent with the Act to treat Monday                 Expirations.17                                         Exchange has asked the Commission to
                                               SPY Expirations that expire on a                                                                               waive the 30-day operative delay so that
                                                                                                       (B) Self-Regulatory Organization’s
                                               holiday differently than Wednesday and                                                                         the proposal may become operative
                                                                                                       Statement on Burden on Competition
                                               Friday SPY Expirations, since the                                                                              immediately upon filing. The
                                               proposed treatment for Monday SPY                          EDGX Options does not believe that                  Commission notes that it recently
                                               Expirations will result in an expiration                the proposed rule change will impose                   approved Phlx’s substantially similar
                                               date that is closer in time to the                      any burden on competition that is not                  proposal to list and trade Monday SPY
                                               scheduled expiration date of the series,                necessary or appropriate in furtherance                Expirations.22 The Exchange has stated
                                               and therefore may be more                               of the purposes of the Act. Having                     that waiver of the operative delay will
                                               representative of anticipated market                    Monday expirations is not a novel                      allow the Exchange to list and trade
                                               conditions. Cboe Options uses the same                  proposal, as Cboe Options currently lists              Monday SPY Expirations as soon as
                                               procedure for broad-based index options                 weekly broad-based index options with                  possible, and therefore, promote
                                               with Monday expirations listed                          Monday expirations pursuant to its                     competition among the option
                                               pursuant the Nonstandard Expirations                    nonstandard expirations pilot program.                 exchanges. For these reasons, the
                                               Pilot Program that are scheduled to                     EDGX Options does not believe the                      Commission believes that the proposed
                                               expire on a holiday.15                                  proposed rule change will impose any                   rule change presents no novel issues
                                                  Given the similarities between                                                                              and that waiver of the 30-day operative
                                                                                                       burden on intramarket competition, as
                                               Monday SPY Expirations and                                                                                     delay is consistent with the protection
                                                                                                       all market participants will be treated in
                                               Wednesday and Friday SPY Expirations,                                                                          of investors and the public interest, and
                                                                                                       the same manner as they are with
                                               the Exchange believes applying the                                                                             will allow the Exchange to remain
                                                                                                       respect to existing Short Term Option
                                               provisions in Rules 16.1(a)(57) and 19.6,                                                                      competitive with other exchanges.
                                                                                                       Series. EDGX Options does not believe
                                               Interpretation and Policy .05 that                                                                             Therefore, the Commission hereby
                                                                                                       the proposed rule change will impose
                                               currently apply to Wednesday SPY                                                                               waives the 30-day operative delay and
                                                                                                       any burden on intermarket competition,
                                               Expirations to Monday SPY Expirations
                                                                                                       as Phlx recently received Commission                   designates the proposal operative upon
                                               is justified. For example, the Exchange
                                                                                                       approval to list Monday SPY                            filing.23
                                               believes allowing Monday SPY                                                                                      At any time within 60 days of the
                                                                                                       Expirations.18 EDGX Options believes
                                               Expirations and monthly SPY                                                                                    filing of the proposed rule change, the
                                               expirations in the same week will                       this proposed rule change is necessary
                                                                                                       to ensure fair competition among the                   Commission summarily may
                                               benefit investors and minimize investor                                                                        temporarily suspend such rule change if
                                               confusion by providing Monday SPY                       options exchanges. Additionally,
                                                                                                       nothing prevents other options                         it appears to the Commission that such
                                               Expirations in a continuous and                                                                                action is necessary or appropriate in the
                                               uniform manner. Additionally, the                       exchange from proposing similar rules
                                               Exchange believes it is appropriate to                  to list and trade short-term option series
                                                                                                                                                                19 15  U.S.C. 78s(b)(3)(A).
                                               not permit Monday SPY Expirations to                    in SPY with Monday expirations.
                                                                                                                                                                20 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               expire on the same day as an expiration                 (C) Self-Regulatory Organization’s                     4(f)(6) requires a self-regulatory organization to give
                                               of SPY Quarterly Option Series. This is                 Statement on Comments on the                           the Commission written notice of its intention to
                                                                                                                                                              file the proposed rule change at least five business
                                               consistent with treatment of Wednesday                  Proposed Rule Change Received From                     days prior to the date of filing of the proposed rule
                                               SPY Expirations, which may currently                    Members, Participants or Others                        change, or such shorter time as designated by the
                                               expire in the same week as a monthly                                                                           Commission. The Exchange has satisfied this
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                                                                                                         The Exchange has neither solicited                   requirement.
                                                 15 See Cboe Options Rule 24.9(e) (describing Cboe     nor received written comments on the                      21 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                 22 See supra note 5.
                                               Options’ nonstandard expirations pilot program).        proposed rule change.
                                               Pursuant to the nonstandard expirations pilot                                                                     23 For purposes only of waiving the 30-day

                                               program, if the Exchange is not open for business                                                              operative delay, the Commission has also
                                                                                                         16 Id.
                                               on a respective Monday, the normally Monday                                                                    considered the proposed rule’s impact on
                                                                                                         17 See   supra note 5.
                                               expiring Weekly Expirations will expire on the                                                                 efficiency, competition, and capital formation. See
                                               following business day.                                   18 Id.                                               15 U.S.C. 78c(f).



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                                               8138                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               public interest, for the protection of                  SR–CboeEDGX–2018–007 and should be                    statements may be examined at the
                                               investors, or otherwise in furtherance of               submitted on or before March 16, 2018.                places specified in Item IV below. ICE
                                               the purposes of the Act. If the                           For the Commission, by the Division of              Clear Europe has prepared summaries,
                                               Commission takes such action, the                       Trading and Markets, pursuant to delegated            set forth in sections (A), (B), and (C)
                                               Commission shall institute proceedings                  authority.24                                          below, of the most significant aspects of
                                               to determine whether the proposed rule                  Eduardo A. Aleman,                                    such statements.
                                               should be approved or disapproved.                      Assistant Secretary.                                  (A) Clearing Agency’s Statement of the
                                               IV. Solicitation of Comments                            [FR Doc. 2018–03699 Filed 2–22–18; 8:45 am]           Purpose of, and Statutory Basis for, the
                                                 Interested persons are invited to                     BILLING CODE 8011–01–P                                Proposed Rule Change
                                               submit written data, views and                                                                                (a) Purpose
                                               arguments concerning the foregoing,
                                               including whether the proposal is                       SECURITIES AND EXCHANGE                                  ICE Clear Europe proposes to adopt
                                               consistent with the Act. Comments may                   COMMISSION                                            the Policy, which will implement a new
                                               be submitted by any of the following                    [Release No. 34–82729; File No. SR–ICEEU–             concentration charge margin model that
                                               methods:                                                2018–004]                                             will apply to all F&O Contracts, in both
                                                                                                                                                             the energy and financials and softs
                                               Electronic Comments                                     Self-Regulatory Organizations; ICE                    (‘‘F&S’’) sectors. ICEU currently uses
                                                  • Use the Commission’s internet                      Clear Europe Limited; Notice of Filing                two separate concentration charge
                                               comment form (http://www.sec.gov/                       and Immediate Effectiveness of a                      models: One for energy products and
                                               rules/sro.shtml); or                                    Proposed Rule Change Relating to a                    one for F&S products. The existing
                                                  • Send an email to rule-comments@                    New F&O Concentration Charge Policy                   concentration models and their
                                               sec.gov. Please include File No. SR–                                                                          associated policies will be retired upon
                                               CboeEDGX–2018–007 on the subject                        February 16, 2018.
                                                                                                          Pursuant to Section 19(b)(1) of the                implementation of the Policy. The
                                               line.                                                                                                         concentration charge model is designed
                                                                                                       Securities Exchange Act of 1934
                                               Paper Comments                                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2               to provide the Clearing House with extra
                                                                                                                                                             margin to cover the potential additional
                                                  • Send paper comments in triplicate                  notice is hereby given that on February
                                                                                                       8, 2018, ICE Clear Europe Limited (‘‘ICE              default costs where liquidation of a
                                               to Secretary, Securities and Exchange
                                                                                                       Clear Europe’’ or the ‘‘Clearing House’’)             defaulter’s positions may be delayed or
                                               Commission, 100 F Street NE,
                                                                                                       filed with the Securities and Exchange                prolonged due to highly concentrated
                                               Washington, DC 20549–1090.
                                                                                                       Commission (‘‘Commission’’) the                       positions within the defaulter’s
                                               All submissions should refer to File No.                                                                      portfolio.
                                               SR–CboeEDGX–2018–007. This file                         proposed rule changes described in
                                               number should be included on the                        Items I, II, and III below, which Items                  The new Policy is largely based on the
                                               subject line if email is used. To help the              have been prepared primarily by ICE                   existing concentration charge model
                                               Commission process and review your                      Clear Europe. ICE Clear Europe filed the              applicable to F&S products, and as a
                                               comments more efficiently, please use                   proposed rule changes pursuant to                     result it is expected only marginally to
                                               only one method. The Commission will                    Section 19(b)(3)(A) of the Act,3 and Rule             impact margin for F&S products. The
                                               post all comments on the Commission’s                   19b–4(f)(4)(ii) thereunder,4 so that the              new Policy adds a few enhancements to
                                               internet website (http://www.sec.gov/                   proposal was immediately effective                    the existing F&S model. Specifically,
                                               rules/sro.shtml). Copies of the                         upon filing with the Commission. The                  certain technical detail from the F&S
                                               submission, all subsequent                              Commission is publishing this notice to               model will be enhanced such that the
                                               amendments, all written statements                      solicit comments on the proposed rule                 concentration charge will no longer be
                                               with respect to the proposed rule                       change from interested persons.                       calculated as a multiple of total SPAN
                                               change that are filed with the                                                                                initial margin, but instead as a multiple
                                                                                                       I. Clearing Agency’s Statement of the                 of individual margin component (i.e.,
                                               Commission, and all written                             Terms of Substance of the Proposed
                                               communications relating to the                                                                                outright or the scanning risk and the
                                                                                                       Rule Change                                           inter-month risk) summed together.
                                               proposed rule change between the
                                               Commission and any person, other than                      ICE Clear Europe proposes to                          The new Policy marks a more
                                               those that may be withheld from the                     implement a new F&O Concentration                     significant methodology change for
                                               public in accordance with the                           Charge Policy (the ‘‘Policy’’), which will            energy products, and may more
                                               provisions of 5 U.S.C. 552, will be                     replace separate existing concentration               significantly increase concentration
                                               available for website viewing and                       charge policies for its energy and its                charges for those products. The existing
                                               printing in the Commission’s Public                     financials and softs products.                        energy concentration charge model is
                                               Reference Room, 100 F Street NE,                        II. Clearing Agency’s Statement of the                based on the percentage share of each
                                               Washington, DC 20549, on official                       Purpose of, and Statutory Basis for, the              clearing member’s initial margin to the
                                               business days between the hours of                      Proposed Rule Change                                  total clearing house initial margin,
                                               10:00 a.m. and 3:00 p.m. Copies of such                                                                       while the new Policy (like the existing
                                                                                                          In its filing with the Commission, ICE
                                               filing will also be available for                                                                             F&S policy) is based on the clearing
                                                                                                       Clear Europe included statements
                                               inspection and copying at the principal                                                                       member’s position relative to the
                                                                                                       concerning the purpose of and basis for
                                               office of the Exchange. All comments                                                                          perceived level of market depth as
                                                                                                       the proposed rule change and discussed
                                               received will be posted without change.                                                                       represented by the daily trading volume
                                                                                                       any comments it received on the
daltland on DSKBBV9HB2PROD with NOTICES




                                               Persons submitting comments are                                                                               in the relevant products. ICE Clear
                                                                                                       proposed rule change. The text of these
                                               cautioned that we do not redact or edit                                                                       Europe believes that the new Policy will
                                               personal identifying information from                     24 17 CFR 200.30–3(a)(12).
                                                                                                                                                             provide a more robust approach to
                                               comment submissions. You should                           1 15 U.S.C. 78s(b)(1).                              measuring concentration risk, based on
                                               submit only information that you wish                     2 17 CFR 240.19b–4.                                 expected cost and time of liquidation,
                                               to make available publicly. All                           3 15 U.S.C. 78s(b)(3)(A).                           and to imposing additional margin
                                               submissions should refer to File No.                      4 17 CFR 240.19b–4(f)(4)(ii).                       charges as a result.


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Document Created: 2018-02-23 01:32:42
Document Modified: 2018-02-23 01:32:42
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 8134 

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