Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change in Connection With the Migration of SPX Options From the Hybrid 3.0 System to the Hybrid Trading System, 18605-18612 [2018-08848]
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whether and how the margin
requirements for bitcoin futures
contracts may affect a Fund’s use of
available cash to achieve its investment
strategy?
8. What are commenters’ views on the
possibility that the Funds—along with
other exchange-traded products with
similar investment objectives—could
acquire a substantial portion of the
market for some or all of the Bitcoin
Financial Instruments? What are
commenters’ views on whether such a
concentration of holdings could affect
the Funds’ portfolio management, the
liquidity of the Funds’ respective
portfolios, or the pricing of some or all
of the Bitcoin Financial Instruments?
9. What are commenters’ views on
possible factors that might impair the
ability of the arbitrage mechanism to
keep the trading price of the Shares tied
to the NAV of each Fund? What are
commenters’ views on whether
determining the value of the Funds’
benchmark, or striking the Funds’ NAV,
as of 11:00 a.m. E.T. might affect the
arbitrage mechanism during the
remainder of the trading day? With
respect to the markets for Bitcoin
Financial Instruments, what are
commenters’ views on the potential
impact on the arbitrage mechanism of
the price volatility and the potential for
trading halts? What are commenters’
views on whether or how these
potential impairments of the arbitrage
mechanism may affect the Funds’ ability
to ensure adequate participation by
Authorized Participants? What are
commenters’ views on the potential
effects on investors if the arbitrage
mechanism is impaired?
10. What are commenters’ views on
the risks of price manipulation and
fraud in the underlying bitcoin trading
platforms and how these risks might
affect the Bitcoin Financial Instruments?
What are commenters’ views on how
these risks might affect trading in the
Shares of the Funds?
11. What are commenters’ views on
how an investor may evaluate the price
of the Shares in light of the risk of
potential price manipulation and fraud
in the underlying bitcoin trading
platforms and in light of the potentially
significant spread between the price of
Bitcoin Financial Instruments and the
spot price of bitcoin?
12. What are commenters’ views on
whether the two named bitcoin futures
exchanges represent a significant
market, i.e., a market of significant size?
13. With respect to the Funds that
seek leveraged or leveraged-inverse
returns, would trading of the Shares,
hedging activity, or creation and
redemption activity affect the daily
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volume, volatility, or liquidity of the
underlying Bitcoin Financial
Instruments or of the spot bitcoin
market any differently than a nonleveraged bitcoin futures exchangetraded product would? If so, why, how,
and to what extent? Would any such
effect be different during periods of
downward market movement or high
volatility? If so, why, how, and to what
extent?
Comments may be submitted by any
of the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NYSEArca–2018–02 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NYSEArca–2018–02. 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 (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549 on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSEArca–2018–02 and
should be submitted by May 18, 2018.
Rebuttal comments should be submitted
by June 1, 2018.
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For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–08852 Filed 4–26–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83089; File No. SR–CBOE–
2018–029]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change in Connection With the
Migration of SPX Options From the
Hybrid 3.0 System to the Hybrid
Trading System
April 23, 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 April 12,
2018, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II, below, which Items have
been prepared by the Exchange. The
Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of
the Act 3 and Rule 19b–4(f)(6)
thereunder.4 The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
rules related to listing the SPX class on
a group basis and amend other rules in
connection with the Exchange’s planned
migration of standard third-Friday
options on the S&P 500 Index (‘‘SPX
options’’) to the Hybrid Trading System
from the Hybrid 3.0 System.
(additions are italicized; deletions are
[bracketed])
*
*
*
*
*
Cboe Exchange, Inc. Rules
*
*
*
*
*
Rule 6.2. Hybrid Opening (and Sometimes
Closing) System (‘‘HOSS’’)
(a)–(h) (No change).
23 17
CFR 200.30–3(a)(57).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
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. . . Interpretations and Policies:
.01 (No change).
.02 Market-Maker Quotes.
(a) Minimum Size. The Exchange
determines on a class-by-class basis [(a)] the
minimum number of contracts for the initial
size of a Market-Maker’s opening quote,
which minimum must be at least one
contract. For SPX, the Exchange may also
determine minimum initial quote size on a
premium basis and an expiration basis for
series with expirations of (1) 7 or fewer days,
(2) 8 to 91 days, (3) 92 to 188 days, (4) 189
to 461 days, and (5) 462 or more days.
(b) Bid/Ask Differentials. The Exchange
determines on a class-by-class and premium
basis the bid/ask differential requirements
with which Market-Makers’ opening quotes
must comply, which minimum and
differential requirements may be different for
the opening than those applicable intraday.
For SPX, the Exchange may determine bid/
ask differential requirements for series with
expirations of (1) fewer than 462 days and (2)
462 or more days, and for all other classes,
the Exchange may determine bid/ask
differential requirements for series with
expiration of (1) less than nine months and
(2) nine months or more.
Rule 8.3. Appointment of Market-Makers
.03–.07 (No change).
*
*
*
*
*
Rule 6.53C. Complex Orders on the Hybrid
System
(a)–(d) (No change).
. . . Interpretations and Policies:
.01 (No change).
.02 [Reserved.] If the Exchange determines
to list SPX on a group basis pursuant to Rule
8.14, a marketable complex order consisting
of legs in different groups of series in the
class does not automatically execute against
individual orders residing in the EBook
pursuant to Rule 6.53C(c)(ii)(1) or (d)(v)(1)
and automatically executes against complex
orders (or COA responses) in accordance
with Rules 6.53C(c)(ii)(2) or (d)(v)(2) through
(4). A marketable complex order consisting of
legs in the same group of series in SPX
executes against individual orders in the
EBook in accordance with Rule 6.53C(c)(ii)
and (d)(v). Complex orders consisting of legs
in different groups of series that are
marketable against each other may only
execute at a net price that has priority over
the individual orders and quotes resting in
the EBook.
.03–.12 (No change).
(a)–(b) (No change).
(c) Market-Maker Appointments. Absent an
exemption by the Exchange, an appointment
of a Market-Maker confers the right to quote
electronically and in open outcry in the
Market-Maker’s appointed classes during
Regular Trading Hours as described below.
Subject to paragraph (e) below, a MarketMaker may change its appointed classes
upon advance notification to the Exchange in
a form and manner prescribed by the
Exchange.
(i) Hybrid Classes. Subject to paragraphs
(c)(iv) and (e) below, a Market-Maker can
create a Virtual Trading Crowd (‘‘VTC’’)
appointment, which confers the right to
quote electronically during Regular Trading
Hours in an appropriate number of Hybrid
classes (as defined in Rule 1.1(aaa)) selected
from ‘‘tiers’’ that have been structured
according to trading volume statistics, except
for the AA tier. All classes within a specific
tier will be assigned an ‘‘appointment cost’’
depending upon its tier location. The
following table sets forth the tiers and related
appointment costs.
*
II.
*
*
*
*
Appointment
cost
Tier
Hybrid options classes
AA ...................................
Options on the Cboe Volatility Index (VIX) .............................................................................................
Options on the Standard & Poor’s 500 Index (SPX) ..............................................................................
*
*
*
*
*
*
.499
** 1.0
*
* Excludes Tier AA.
** If the Exchange determines to list SPX on a group basis pursuant to Rule 8.14, the SPX appointment cost confers the right to trade in all
SPX groups.
(ii) (No change).
(iii) Hybrid 3.0 Class. In addition to
paragraphs (i) and (ii) above, and subject to
paragraphs (c)(iv) and (e) below, a MarketMaker can select as the Market-Maker’s
appointment a Hybrid 3.0 class traded on the
Exchange, which confers the right to trade in
open outcry in the Hybrid 3.0 class during
Regular Trading Hours as described below.
Each Hybrid 3.0 class is assigned an
‘‘appointment cost’’, which is set forth below.
Appointment
cost
Hybrid 3.0 class
[Options on the Standard &
Poor’s 500 Index (SPX)] ...
None .....................................
[*1.0]
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[* This appointment cost also confers the
right to trade any group of series of SPX that
the Exchange has authorized for trading on
the Hybrid Trading System pursuant to Rule
8.14.]
(iv)–(v) (No change).
(d)–(e) (No change).
*
*
*
*
*
Rule 8.7. Obligations of Market-Makers
(a)–(c) (No change).
(d) Market-Making Obligations in
Applicable Hybrid Classes
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The following obligations in this paragraph
(d) are only applicable to Market-Makers
trading classes on the Cboe Options Hybrid
System and only in those Hybrid classes.
Unless otherwise provided in this Rule,
Market-Makers trading classes on the Hybrid
System remain subject to all obligations
imposed by Cboe Options Rule 8.7. To the
extent another obligation contained
elsewhere in Rule 8.7 is inconsistent with an
obligation contained in paragraph (d) of Rule
8.7 with respect to a class trading on Hybrid,
this paragraph (d) shall govern trading in the
Hybrid class.
For Regular Trading Hours, these
requirements are applicable on a per class
basis, except as set forth in paragraph (ii)(B)
below, depending upon the percentage of
volume a Market-Maker transacts in an
appointed class during Regular Trading
Hours electronically versus in open outcry.
With respect to making this determination,
the Exchange will monitor a Market-Maker’s
trading activity in each appointed class
during Regular Trading Hours every calendar
quarter to determine whether it exceeds the
threshold established in paragraph (d)(i). If a
Market-Maker exceeds the threshold
established below, the obligations contained
in (d)(ii) will be effective the next calendar
quarter.
For a period of ninety (90) days
commencing immediately after a class begins
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trading on the Hybrid system, the provisions
of paragraph (d)(i) shall govern trading in
that class.
(i) Market-Maker Trades 20% or Less
Contract Volume in an Appointed Class
Electronically:
If a Market-Maker on the Cboe Options
Hybrid System never transacts more than
20% (i.e., trades 20% or less) of the MarketMaker’s contract volume electronically in an
appointed Hybrid class during Regular
Trading Hours during any calendar quarter,
the following provisions shall apply to that
Market-Maker with respect to that class:
(A) Quote Widths: With respect to
electronic quoting, Market-Makers must
comply with the bid/ask differential
requirements determined by the Exchange on
a class-by-class and premium basis [the
Market-Maker will not be required to comply
with the bid/ask differential requirements
determined by the Exchange in that class.
The effectiveness of this subparagraph (i)(A)
shall be in effect in each Hybrid for a period
of one year commencing with the date the
class begins trading on the Hybrid System].
For SPX, the Exchange may determine bid/
ask differential requirements for series with
expirations of (1) fewer than 462 days and (2)
462 or more days, and for all other classes,
the Exchange may determine bid/ask
differential requirements for series with
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expiration of (1) less than nine months and
(2) nine months or more.
(B) Continuous Electronic Quoting
Obligation: The Market-Maker will not be
obligated to quote electronically in any
designated percentage of series within that
class. If a Market-Maker quotes
electronically, its undecremented quote must
be for the minimum number of contracts
determined by the Exchange on a class[ ]by[ ]-class basis, which minimum shall be at
least one contract. For SPX, the Exchange
may also determine minimum initial quote
size on a premium basis and an expiration
basis for series with expirations of (1) 7 or
fewer days, (2) 8 to 91 days, (3) 92 to 188
days, (4) 189 to 461 days, and (5) 462 or more
days.
(C) (No change).
(ii) Market-Maker Trades More Than 20%
Contract Volume in an Appointed Class
Electronically:
If a Market-Maker on the Cboe Options
Hybrid System transacts more than 20% of
the Market-Maker’s contract volume
electronically in an appointed Hybrid class
during Regular Trading Hours during any
calendar quarter, commencing the next
calendar quarter the Market-Maker will be
subject to the following quoting obligations
in that class for as long as the Market-Maker
maintains an appointment in that class:
(A) Quote Widths: Market-Makers must
comply with the bid/ask differential
requirements determined by the Exchange on
a class[ ]-by[ ]-class and premium basis. For
SPX, the Exchange may determine bid/ask
differential requirements for series with
expirations of (1) fewer than 462 days and (2)
462 or more days, and for all other classes,
the Exchange may determine bid/ask
differential requirements for series with
expiration of (1) less than nine months and
(2) nine months or more.
(B) Continuous Electronic Quoting
Obligation: A Market-Maker will be required
to maintain continuous electronic quotes (as
defined in Rule 1.1 (ccc)) in 60% of the nonadjusted option series of the Market-Maker’s
appointed classes that have a time to
expiration of less than nine months.
Compliance with this quoting obligation
applies to all of a Market-Maker’s appointed
classes collectively (for which it must
maintain continuous electronic quotes
pursuant to this paragraph (ii)(B)). The
Exchange will determine compliance by a
Market-Maker with this quoting obligation on
a monthly basis. However, determining
compliance with this quoting obligation on a
monthly basis does not relieve a MarketMaker from meeting this obligation on a daily
basis, nor does it prohibit the Exchange from
taking disciplinary action against a MarketMaker for failing to meet this obligation each
trading day. The initial size of a MarketMaker’s quote must be for the minimum
number of contracts determined by the
Exchange on a class[ ]-by[ ]-class basis, which
minimum shall be at least one contract. For
SPX, the Exchange may also determine
minimum initial quote size on a premium
basis and an expiration basis for series with
expirations of (1) 7 or fewer days, (2) 8 to 91
days, (3) 92 to 188 days, (4) 189 to 461 days,
and (5) 462 or more days. This obligation
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does not apply to intra-day add-on series on
the day during which such series are added
for trading. Market-Maker continuous
electronic quoting obligations may be
satisfied by Market-Makers either
individually or collectively with MarketMakers of the same TPH organization.
(C) (No change).
(iii) The obligations and duties of MarketMakers set forth in paragraphs (d)(i) and
(d)(ii) apply to a Market-Maker per trading
session (e.g., if a Market-Maker has an
appointment in a class during Regular
Trading Hours and Extended Trading Hours,
the Exchange will determine a MarketMaker’s compliance with the continuous
electronic quoting requirement during
Regular Trading Hours separately from
compliance with the electronic quoting
requirement during Extended Trading
Hours). Except as set forth in paragraph
(d)(ii)(B), the obligations and duties of
Market-Makers set forth in paragraphs (d)(i)
and (d)(ii) apply to a Market-Maker on a per
class basis, except for SPX if the Exchange
lists SPX on a group basis pursuant to Rule
8.14 and determines to apply obligations and
duties of SPX Market-Makers on a group
basis, and only when the Market-Maker is
quoting in a particular class during the
applicable trading session on a given trading
day. For example, if during a trading session
on a given trading day a Market-Maker is
quoting in 1 of its 10 appointed classes, the
Market-Maker has quote width, continuous
electronic quoting and, to the extent the
Market-Maker is present in the trading
crowd, continuous open outcry quoting
obligations in that class, and the continuous
electronic quoting obligation in subparagraph
(d)(ii)(B) applies to 60% of the non-adjusted
option series of that class that have a time to
expiration of less than nine months while the
Market-Maker is quoting. If during a trading
session on a given trading day a MarketMaker is quoting in 3 of its 10 appointed
classes, the Market-Maker has quote width
and, to the extent the Market-Maker is
present in the trading crowd, continuous
open outcry quoting obligations in each of
the 3 classes, and the continuous electronic
quoting obligation in subparagraph (d)(ii)(B)
applies to 60% of the non-adjusted option
series of those three classes, collectively, that
have a time to expiration of less than nine
months while the Market-Maker is quoting.
The obligations and duties are not applicable
to an appointed class if a Market-Maker is not
quoting in that appointed class.
(iv) (No change).
. . . Interpretations and Policies:
.01–.13 (No change).
*
*
*
*
*
Rule 8.13. Preferred Market-Maker Program
(a)–(d) (No change).
. . . Interpretations and Policies:
.01–.03 (No change).
.04 If the Exchange determines to list SPX
on a group basis pursuant to Rule 8.14,
obligations of an SPX Market-Maker
designated as a Preferred Market-Maker, as
set forth in Rule 8.13, apply on a class basis,
unless the Exchange determines to apply
obligations on a group basis.
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Rule 8.14. Hybrid Trading System Platforms
& Market-Maker Participants
(a)–(b) (No change).
. . . Interpretations and Policies:
.01 For each Hybrid 3.0 class, the Exchange
may determine to authorize a group of series
of the class for trading on the Hybrid Trading
System and, if that authorization is granted,
shall determine the eligible categories of
Market-Maker participants for that group of
series. The Exchange will also have the
authority to determine whether to change the
trading platform on which the group of series
trades [and to change the eligible categories
of Market-Maker participants for the group].
If the Exchange lists SPX on the Hybrid
Trading System, the Exchange may
determine to list the class on a group basis,
with both groups trading on the Hybrid
Trading System. The Exchange will also have
the authority to change the eligible categories
of Market-Makers participants for each
group. In addition, the following shall apply:
(a)–(b) (No change).
(c) The Hybrid Trading System or Hybrid
3.0 Platform, as applicable, trading
parameters will be established by the
Exchange on a group basis to the extent the
Exchange Rules otherwise provide for such
parameters to be established on a class basis.
Rule 8.15. Lead Market-Makers
(a)–(d) (No change).
. . . Interpretations and Policies:
.01–.04 (No change).
.05 If the Exchange determines to list SPX
on a group basis pursuant to Rule 8.14,
obligations of an SPX Market-Maker
designated as a Lead Market-Maker, as set
forth in Rule 8.15, apply on a class basis,
unless the Exchange determines to apply
obligations on a group basis.
*
*
*
*
*
Rule 8.85. DPM Obligations
(a)–(e) (No change).
. . . Interpretations and Policies:
.01–.02 (No change).
.03 If the Exchange determines to list SPX
on a group basis pursuant to Rule 8.14,
obligations of a Designated Primary MarketMaker with an SPX appointment, as set forth
in Rule 8.85, apply on a class basis, except
if the Exchange determines to apply
obligations on a group basis.
*
*
*
*
*
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.cboe.com/
AboutCBOE/CBOELegalRegulatory
Home.aspx), at the Exchange’s Office of
the Secretary, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
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statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
daltland on DSKBBV9HB2PROD with NOTICES
1. Purpose
The Exchange proposes to amend its
rules related to listing the SPX class on
a group basis and amend other rules in
connection with the Exchange’s planned
migration of SPX options to the Hybrid
Trading System from the Hybrid 3.0
System. Rule 8.14, Interpretation and
Policy .01 currently permits the
Exchange to authorize a group of series
of a Hybrid 3.0 5 class for trading on the
Hybrid Trading System. If the Exchange
authorizes this, it determines the
eligible categories of Market-Maker
participants for the group (Designated
Primary Market-Makers (‘‘DPMs’’), Lead
Market-Makers (‘‘LMMs’’), or MarketMakers). The Exchange assigns a DPM
or LMM to the group (or no DPM or
LMM if the conditions in Rule 8.14(b)
are satisfied with respect to the group).
Market-Maker appointments apply on a
class basis, except DPM and LMM
appointments apply only to the group of
series to which the respective DPM or
LMM is assigned. The Exchange
establishes Hybrid Trading System
trading parameters (e.g. minimum
trading increment, allocation algorithm)
on a group basis to the extent the Rules
otherwise provide for such parameters
to be established on a class basis.
The proposed rule change amends
Rule 8.14, Interpretation and Policy .01
to permit the Exchange to list the SPX
class on a group basis, even if SPX
trades on the Hybrid Trading System.6
The remaining provisions of
Interpretation and Policy .01 would
5 ‘‘Hybrid Trading System’’ refers to (a) the
Exchange’s trading platform that allows MarketMakers to submit electronic quotes in their
appointed classes and (b) any connectivity to the
foregoing trading platform that is administered by
or on behalf of the Exchange, such as a
communications hub. ‘‘Hybrid 3.0 Platform’’ is an
electronic trading platform on the Hybrid Trading
System that allows one or more quoters to submit
electronic quotes which represent the aggregate
Market-Maker quoting interest in a series for the
trading crowd. Classes authorized by the Exchange
for trading on the Hybrid Trading System are
referred to as Hybrid classes. Classes authorized by
the Exchange for trading on the Hybrid 3.0 Platform
are referred to as Hybrid 3.0 classes. See Rule
1.1(aaa). Currently, SPX is the only Hybrid 3.0 class
and the only class the Exchange lists on a group
basis.
6 The proposed rule change makes a conforming
change in Interpretation and Policy .01(c).
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apply. Thus, if the Exchange lists SPX
as a Hybrid class in two groups, both
groups may trade on the Hybrid Trading
System (as the Exchange plans to do). In
addition, the Exchange may determine
the eligible categories of Market-Maker
participants for each group. Similarly,
the Exchange could assign a DPM or
LMM to each group, which
appointments would apply to the group
of series to which the respective DPM or
LMM is assigned (Market-Maker
appointments would continue to apply
to the entire SPX class, as further
discussed below).7
As it does today, when determining
whether to list the SPX class on a group
basis, the Exchange intends to generally
select series with common expirations
or classifications (e.g., end-of-week
series or end-of-month series, short-term
option series, long-term option series, or
series that expire on a particular
expiration date) and trade them under
individual listing symbols. For example,
the Exchange currently lists the SPX
class in two groups: (1) One group
consists of series with standard thirdFriday expirations that are a.m.-settled,
which group trades on the Hybrid 3.0
Platform (‘‘SPX options’’); and (2) the
second group consists of series with all
other expirations, including weekly,
monthly, and p.m.-settled (‘‘SPXW
options’’), which group trades on the
Hybrid Trading System. In the second
quarter of 2018, the Exchange plans to
begin listing SPX options on the Hybrid
Trading System (and no longer on the
Hybrid 3.0 platform). SPXW options
would continue to trade on the Hybrid
Trading System. Pursuant to the
proposed rule change, the Exchange
may determine to continue to list SPX
options and SPXW options as groups on
the Hybrid Trading System.
The Exchange would establish trading
parameters (e.g., applicable matching
algorithm under Rule 6.45, opening
rotation parameters under Rule 6.2,
automatic execution parameters under
Rule 6.13, simple auction liaison
parameters under Rule 6.13A, hybrid
agency liaison parameters under Rule
6.14A, complex order parameters under
Rule 6.53C, and automated
improvement mechanism parameters
under Rule 6.74A) on a group basis, as
it does today for SPX options and SPXW
options.8 For example, currently, the
7 The Exchange does not currently (and does not
intend to following conversion of SPX options to
Hybrid) appoint Preferred Market-Makers
(‘‘PMMs’’) or DPMs to SPX or SPXW options
pursuant to Rules 8.13 or 8.95, respectively. The
Exchange currently appoints LMMs to SPX options;
however, it does not intend to do so following
conversion of SPX options to Hybrid.
8 See Rule 8.14(c).
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Exchange applies customer priority
allocation to SPX options while the
Exchange applies price-time allocation
to SPXW options. Pursuant to the
proposed rule change, the Exchange
could continue to apply a different
allocation algorithm to each group even
if both groups are trading on the same
platform.
The Exchange believes for SPX,
groups of series may exhibit different
trading characteristics, including appeal
to different categories of market
participants. For example, SPXW
options are commonly traded by retail
customers while SPX options are
commonly traded by institutional
investors. The Exchange generally
establishes market models for classes
based on these characteristics that most
fit the product, which the Exchange
believes benefits investors. This is true
for SPX and SPXW options, which is
why the Exchange believes it is
appropriate to continue to list the SPX
class in groups once all SPX series are
trading on Hybrid.
The Exchange proposes to amend
Rule 6.53C, Interpretation and Policy
.02 to state if the Exchange determines
to list the SPX class on a group basis
pursuant to Rule 8.14, if a marketable
complex order consists of legs in
different groups of series in the class, it
will not automatically execute against
individual orders residing in the EBook
pursuant to Rule 6.53C(c)(ii)(1) or
(d)(v)(1). A marketable complex order
consisting of legs in the same group of
series in the class executes against
individual orders in the EBook in
accordance with Rule 6.53C(c)(ii) and
(d)(v). This is consistent with current
functionality today applicable to SPX
and SPXW pursuant to Rule 6.53C,
Interpretation and Policy .10, which
only applies to Hybrid 3.0 classes. The
proposed rule change extends this
functionality to SPX as a Hybrid class.
As discussed above, if the Exchange
lists SPX as a Hybrid class on a group
basis, it may apply different trading
parameters (including different
allocation algorithms) to each group.
Due to system limitations that based on
the Exchange’s experience are
prohibitively expensive to modify,
complex orders consisting of different
groups of series will not automatically
execute against individual orders
residing in the Ebook, even if they trade
on the same platform. Pursuant to Rule
6.53C, complex orders may only consist
of legs from the same class. While SPX
and SPXW series are part of the same
class, and thus permissible for
electronic handling under the Rules, the
System treats SPX and SPXW series as
different classes and is unable to
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process complex orders with
components in different classes. Many
classes trade on their own trade server.
Despite being the same class, SPX
options and SPXW options trade on
separate trade servers due to the number
of series in each group and due to the
fact that they trade as different classes
(as discussed above). Currently trading
is not possible ‘‘across’’ trade servers. If
the System receives a complex order
with one SPX leg and one SPXW leg, it
would need to trade the SPX leg against
the appropriate leg in the first trade
server. After that leg execution, it would
then need to trade the SPXW leg against
the appropriate leg in the second trade
server. Given the time these executions
would take, it would not result in the
near simultaneous execution of legs that
is sought by the entry of complex
orders. Additionally, after the first leg
execution, because the complex order
has not fully executed, the System
would not be able to execute any other
orders within the series of the first leg,
which may prevent execution
opportunities of those other orders.
Currently, this only applies to SPX/
SPXW orders, and the proposed rule
change would treat these orders as they
are today. SPX/SPXW orders may
execute against other SPX/SPXW orders
in the COB upon entry or against orders
and COA responses following a COA in
accordance with the allocation and
priority rules set forth in Rule
6.53C(c)(ii)(2) and (d)(v)(2) through (4),
respectively.9 The proposed rule change
states marketable SPX/SPXW orders
will be eligible to automatically execute
against other SPX/SPXW orders resting
in the COB provided the execution is at
a net price that has priority over the
individual orders and quotes residing in
the EBook (which is consistent with the
manner in which the Exchange
currently handles [sic] these complex
orders are handled, as provided in Rule
6.53C, Interpretation and Policy .10(b)).
An SPX/SPXW order that is marketable
against individual orders resting in the
Ebook but not marketable against any
complex orders resting in the COB or
9 Rule 6.53C(c)(ii)(2) states the allocation of a
complex order within the COB will be pursuant to
the rules of trading priority otherwise applicable to
incoming electronic orders in the individual
component legs or another electronic matching
algorithm from Rule 6.45, as determined by the
Exchange on a class-by-class basis. Therefore,
pursuant to that provision and the proposed rule
change, the Exchange will determine for SPX/
SPXW complex orders which electronic matching
algorithm will apply to those orders when
executing against other orders in the COB. Rules
6.53(d)(v)(2) through (4) specify the matching
algorithm applicable to complex orders that execute
following a COA, and those provisions will apply
to SPX/SPXW complex orders pursuant to the
proposed rule change.
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COA responses will enter the COB or
instead be routed to a PAR workstation
during Regular Trading Hours and
rejected back to the Trading Permit
Holder during Extended Trading Hours
if not eligible for COB entry due to the
terms of the order (for example, if the
order is for an origin code the Exchange
does not permit to rest in the COB),
which is how those orders are treated
today.10
In connection with the planned
migration of SPX options to Hybrid, the
Exchange proposes to amend Rule 8.3
regarding appointment costs. The
proposed rule change moves the SPX
class from the Hybrid 3.0 appointment
cost table to the Hybrid appointment
cost table. The Exchange would
maintain the 1.0 appointment cost for
SPX (which includes SPXW). The
proposed rule change notes if the
Exchange determines to list SPX as a
Hybrid class on a group basis pursuant
to Rule 8.14, the appointment cost for
the class confers the right to trade in all
SPX groups. This is consistent with how
appointment costs currently work, as
currently, the SPX appointment cost of
1.0 applies to any group of series of SPX
authorized to trade on the Hybrid
Trading System.11 The proposed rule
change merely applies this same
concept to SPX if listed on the Hybrid
Trading System on a group basis
pursuant to the proposed rule change.
The proposed rule change amends
Rule 8.7(d)(iii) to provide if the
Exchange lists SPX on a group basis
pursuant to Rule 8.14, it may determine
to apply obligations and duties of
Market-Makers with an appointment to
SPX on a group basis rather than a class
basis. Currently, Market-Maker
obligations for Hybrid classes apply on
a class basis (e.g., the Exchange
determines a Market-Maker’s
compliance with the continuous
electronic quoting obligations set forth
in Rule 8.7(d) for a class based all series
in that class).12 If the Exchange
10 See Rules 6.12(a)(1) (which states orders
initially routed for electronic processing that are not
eligible for automatic execution or book entry will
route to PAR, an order management terminal, or
back to the Trading Permit Holder); 6.53C(d)(vi)
(which states a COA-eligible order that cannot be
filled in whole or in a permissible ratio will route
to the COB or back to PAR, as applicable); and
6.1A(b) (which states if in accordance with the
Rules, an order would route to PAR, the order entry
firm’s booth, or otherwise for manual handling, the
System will return the order to the Trading Permit
Holder during Extended Trading Hours).
11 See Rule 8.3(c)(iii).
12 The proposed rule change makes
corresponding changes to proposed Rules 8.13,
Interpretation and Policy .04; 8.15, Interpretation
and Policy .05; and 8.85, Interpretation and Policy
.03 regarding obligations of Preferred MarketMakers, Lead Market-Makers, and Designated
Primary Market-Makers, respectively.
PO 00000
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18609
determined to list SPX as a Hybrid class
on a group basis, the Exchange may
determine it lists a significantly larger
number of SPX series in which it may
be burdensome for Market-Makers to
quote. For example, currently, the
Exchange lists over 3,000 SPX series
and almost 8,000 SPXW series
(compared to, for example, over 400 VIX
series and almost 200 VIX weekly
series). With SPX options listed on
Hybrid 3.0, Market-Makers may not
submit quotes in those series. Therefore,
Market-Makers with SPX appointments
that are subject to electronic quoting
obligations under Rule 8.7(d) must
satisfy those obligations based on the
number of SPXW series. However, when
the SPX class moves to Hybrid, MarketMakers will be able to submit electronic
quotes in SPX options as well as SPXW
options. Applying obligations on a class
basis would significantly increase the
number of series in which MarketMakers would have to submit electronic
quotes due to the large number of series.
Permitting the Exchange to determine
compliance with these obligations on a
group basis would permit Market-Maker
obligations to apply to SPX in a similar
manner as they do today based on a
more reasonable number of series.
The Exchange proposes to amend
Rules 6.2, Interpretation and Policy
.02(b) 13 and 8.7(d)(i)(A) and (ii)(A) to
permit the Exchange to establish bid-ask
differentials for Market-Makers (for
opening and intraday quotes,
respectively) on a premium basis and
for SPX, for series with expirations of
(1) fewer than 462 days and (2) 462 or
more days, and for all other classes, for
series with expiration of (1) less than
nine months and (2) nine months or
more, in addition to a class-by-class
basis (as currently permitted by the
Rules). Similarly, the Exchange
proposes to amend Rules 6.2,
Interpretation and Policy .02(a) and
8.7(d)(i)(B) and (ii)(B) to permit the
Exchange to establish minimum quote
size requirements (for opening and
intraday quotes, respectively) for SPX
on a premium basis and expiration basis
for series with expirations of (1) 7 or
fewer days, (2) 8 to 91 days, (3) 92 to
188 days, (4) 189 to 461 days, and (5)
462 or more days, in addition to a classby-class basis (as currently permitted by
the Rules).14 While different classes may
13 As set forth in Rule 6.2, Interpretation and
Policy .02(b), the Exchange may set different
minimum size and differential requirements for the
opening than those applicable intraday.
14 For classes other than SPX, the Exchange will
continue to be permitted to establish minimum size
requirements on a class-by-class basis only (and not
by premium or expiration). The current minimum
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exhibit different trading characteristics,
which make different minimum quote
sizes and differentials on a class-byclass basis appropriate as permitted by
the current Rule, the same may be true
of series with different premiums and
expirations within a class to ensure the
quote size is not burdensome on MarketMakers. For example, series with higher
premiums or farther expirations
generally have wider spreads and lower
trading volumes, and positions in those
series carry additional risk. These
characteristics make wider bid-ask
differential and smaller minimum quote
size (with respect to SPX) requirements
more appropriate and less burdensome
on Market-Makers.15 The proposed
expiration groupings for minimum
quote size and bid-ask differential
requirements in SPX are based on the
Exchange’s review of various
information, including SPX transaction
data, sizes of LMM quotes in SPX, and
feedback received from Market-Makers
and Exchange advisory groups.
Additionally, the proposed rule
change amends Rule 8.7(d)(i)(A). That
provision currently states MarketMakers that do not transact more than
20% of their contract volume
electronically in an appointed Hybrid
class during any calendar quarter will
not be required to comply with bid/ask
differential requirements with respect to
electronic quoting for the first year a
class begins trading on the Hybrid
System. After the first year of Hybrid
trading, a Market-Maker would need to
then comply with bid/ask differential
requirements when quoting
electronically. The Exchange proposes
to delete that requirement and instead
require Market-Makers to comply with
bid/ask differential requirements when
quoting electronically as soon as a class
begins trading on the Hybrid System.
The Exchange no longer believes the
one-year delay in imposing these
requirements is necessary. Requiring all
electronic quotes to comply with bid/
ask differential requirements will
increase liquidity and tighter markets in
these classes as soon as they begin
trading. Market-Makers ultimately have
to comply with these requirements; the
quote size is one contract in all classes. See
Regulatory Circular RG16–073 (April 7, 2016).
15 The Exchange currently may set certain
parameters on a class and premium basis. See, e.g.,
Rules 6.2(d)(ii)(E) (opening quote condition),
6.12(a)(3) (acceptable tick distance for limit order
price parameter). Currently, the Exchange sets bidask differentials on a premium basis and for
expirations of less than nine months and nine
months or more; the proposed rule change codifies
this practice for classes other than SPX in the Rules.
See Regulatory Circular RG16–073 (April 7, 2016)
(wider requirements in series with expirations of
nine months or more and lower premiums).
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proposed rule change merely change
[sic] when they must start to comply
with them. For example, under the
current rule, Market-Makers not subject
to continuous electronic quote
obligations would not be required to
comply with bid/ask differential
requirements with respect to any
electronic quotes they submit until one
year after SPX begins trading on the
Hybrid System. Under the proposed rule
change, these Market-Makers will need
to comply with bid/ask differential
requirements when submitted electronic
quotes as soon as SPX begins trading on
the Hybrid System.
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.16 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 17 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) 18 requirement that
the rules of an exchange not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
In particular, the Exchange believes
the proposed rule change to permit the
Exchange to list the SPX class on Hybrid
on a group basis will benefit investors
and promote just and equitable
principles of trade, as it provides the
Exchange with flexibility to establish a
more appropriate market model for a
group of SPX series that may exhibit
different trading characteristics than
other series in the class, even when both
groups trade on the same platform.
Currently, the Exchange may list a class
on a group basis if the groups of a class
trade on different trading platforms, and
as noted above, the Exchange currently
only does so for SPX, the only Hybrid
3.0 class. The proposed rule change
16 15
17 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
18 Id.
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Fmt 4703
Sfmt 4703
merely permits the Exchange to
similarly list the SPX class on a group
basis on the same trading platform when
SPX options migrate to the Hybrid
Trading System. This will permit the
Exchange to migrate SPX options to the
Hybrid Trading System without
interruption to how SPX and SPXW
options currently trade.
Similarly, the proposed rule change to
provide that SPX/SPXW complex orders
will not execute against individual
orders in the Ebook will permit these
orders to be handled in the same
manner on the Hybrid Trading System
as they are today on the Hybrid 3.0
System. These orders will continue to
be eligible for electronic processing,
including electronic execution, in the
same manner as complex orders
consisting of SPX series only or SPXW
series only, except they will not
automatically against [sic] individual
orders in the Ebook for the legs, which
will result in those SPX/SPXW orders
being treated in the same manner as
they are today. This will provide these
orders with the same electronic
execution opportunities they have
today, which will continue to not be
eligible for automatic execution against
the individual leg markets due to system
limitations described above and would
instead rest in the COB (if eligible) or
route to PAR, an order management
terminal, or the Trading Permit Holder
during Regular Trading Hours, or be
rejected back to the Trading Permit
Holder during Extended Trading Hours.
The Exchange believes the proposed
rule change to permit the Exchange to
establish minimum quote size for SPX,
and bid-ask differential requirements for
all classes, on a premium basis and for
specific expirations, in addition to class
basis, will ensure Market-Maker
obligations maintain an appropriate
balance of obligations and benefits. As
discussed above, the Exchange currently
establishes bid-ask differential
requirements on a class and premium
basis and for series with expirations of
less than nine months and nine months
or more. The proposed rule change
merely codifies this practice in the
Rules for classes other than SPX, so this
will result in no change to MarketMakers. The Exchange believes it is
appropriate to establish minimum quote
sizes in SPX on an expiration and
premium basis to reflect the different
trading characteristics of those series
within the SPX class. For example,
series with higher premiums or farther
expirations generally have wider
spreads and lower trading volumes, and
positions in those series carry additional
risk. These characteristics make wider
bid-ask differential and smaller
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minimum quote size (with respect to
SPX) requirements more appropriate
and less burdensome on Market-Makers.
The proposed expiration groupings for
minimum quote size and bid-ask
differential requirements in SPX are
based on the Exchange’s review of
various information, including SPX
transaction data, sizes of LMM quotes in
SPX, and feedback received from
Market-Makers and Exchange advisory
groups. The Exchange believes this
proposed rule change will promote just
and equitable principles of trade by
ensuring bid/ask differential
requirements and minimum size
requirements for SPX are effective and
not overly burdensome on MarketMakers, which will ensure continued
liquidity on the Exchange, including in
SPX options once they convert to
Hybrid, which ultimately benefits
investors.
The proposed rule change to move the
appointment cost for the SPX class from
the Hybrid 3.0 table to the Hybrid table
in Rule 8.3(c)(i) reflects the Exchange’s
planned migration of SPX options from
the Hybrid 3.0 platform to the Hybrid
Trading System. The Exchange proposes
no change to the appointment cost, and
thus Market-Makers with SPX
appointments will not need to purchase
any additional trading permits to quote
SPX options once the migrate trading
platforms.
The Exchange believes the proposed
rule change to permit the Exchange to
apply Market-Maker (including PMMs
and DPMs, as applicable) 19 obligations
on a group basis rather than class basis
for SPX will promote just and equitable
principles of trade, as it will ensure a
continued balance of an SPX MarketMaker’s obligations with benefits given
the significantly large number of SPX
series. Requiring a Market-Maker to
satisfy quoting obligations in multiple
groups of SPX that, in the aggregate,
represent a significantly large number of
series, may be burdensome for MarketMakers to quote, which may
disincentive Market-Makers from
selecting appointments in such a class
and thus reduce liquidity. The proposed
rule change incentivizes Market-Makers
to retain SPX appointments.
Additionally, permitting the Exchange
to determine compliance with these
obligations on a group basis would
permit Market-Maker obligations to
apply to SPX options when it migrates
to the Hybrid Trading System in a
similar manner as they do today. For
example, SPX Market-Makers that
19 The Exchange notes there are not currently any
PMMs or DPMs for SPX or SPXW, and there will
be none at the time of conversion of SPX to Hybrid.
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18:18 Apr 26, 2018
Jkt 244001
currently quote in SPXW options may
elect to continue to only quote in those
options without having to quote in SPX
options.
The proposed rule change to require
Market-Makers to comply with bid/ask
differential requirements with respect to
electronic quotes upon a class beginning
to trade on the Hybrid System will
increase liquidity and tighter markets in
these classes as soon as they begin
trading. The proposed rule change
maintains a balance of obligations and
benefits, as Market-Makers ultimately
have to comply with these
requirements; the proposed rule change
merely change when they must start to
comply with them.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Cboe Options does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed rule change has no impact on
intramarket competition, as it will apply
to all market participants that trade in
SPX when listed on a group basis on the
Hybrid Trading System. When SPX
options move to trade on the Hybrid
Trading System, the SPX class will
continue to trade in two groups as it
does today (SPX options and SPXW
options), and SPX/SPXW complex
orders will continue to be handled in
the same manner as they are today. The
proposed rule change has no impact on
intermarket competition, as the
proposed rule change relates to a
product exclusively listed on the
Exchange, and permits that product to
continue trading in a similar manner as
it does today.
The proposed rule change to permit
the Exchange to determine a MarketMaker’s compliance with obligations on
a group basis rather than a class basis,
as well as to establish minimum quote
sizes on an expiration and premium
basis, in addition to class basis, for the
SPX class ensures a continued balance
of a Market-Maker’s obligations with
benefits. The proposed change will
apply in the same manner to MarketMakers that select SPX appointments.
As set forth in Rule 8.3(c), MarketMakers select which classes in which
they have appointments, and thus
become subject to these obligations
when they choose such appointments in
their discretion. Permitting the
Exchange to determine compliance with
these obligations on a group basis would
permit Market-Maker obligations to
apply to SPX options when they
migrates [sic] to the Hybrid Trading
System, and apply to SPXW options in
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18611
a similar manner as they do today.
Additionally, the proposed rule change
ensures the Exchange may apply these
obligations to reasonable number of
series and not be overly burdensome on
Market-Makers.
The proposed rule change to permit
the Exchange to establish minimum
quote size (for SPX) and bid-ask
differential requirements on an
expiration and premium basis will
ensure the Exchange can effectively set
these requirements without being overly
burdensome on Market-Makers given
the differing trade characteristics
applicable to series with different
expirations and premiums. These
proposed changes overall will continue
to incentive Market-Makers to have
appointments in SPX, which increases
liquidity and ultimately benefits
investors. As noted above, the rules
permit the Exchange to establish other
trading parameters on a premium and
class basis, and the proposed rule
change codifies a current Exchange
practice to set bid-ask differential
requirements on a class and premium
basis and for expirations of less than
nine months and nine months or more
for all classes other than SPX. The
proposed expiration groupings for
minimum quote size and bid-ask
differential requirements in SPX are
based on the Exchange’s review of
various information, including SPX
transaction data, sizes of LMM quotes in
SPX, and feedback received from
Market-Makers and Exchange advisory
groups. The proposed rule change has
no impact on intermarket competition,
as the proposed rule change relates to
obligations applicable to Cboe Options
Market-Makers.
The proposed rule change regarding
SPX appointment cost will have no
impact on competition, as the
appointment cost will stay the same,
and thus Market-Makers will not need
to obtain any additional trading permits
to quote in SPX options following their
migration to the Hybrid Trading System.
The proposed rule change related to
bid/ask differentials will not impose any
burden on intramarket competition,
because it will apply in the same
manner to all Market-Makers subject to
that requirement. It will not impose any
burden on intermarket competition,
because it relates to quoting
requirements imposed by Cboe Options.
Additionally, requiring Market-Makers
to comply with bid/ask differential
requirements with respect to electronic
quotes as soon as a class begins trading
will increase liquidity and tighter
markets in these classes when the class
starts trading. Market-Makers ultimately
have to comply with these
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requirements; the proposed rule change
merely change [sic] when they must
start to comply with them.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(iii) of the Act 20 and
subparagraph (f)(6) of Rule 19b–4
thereunder.21
A proposed rule change filed under
Rule 19b–4(f)(6) normally does not
become operative for 30 days after the
date of the filing. However, Rule 19b–
4(f)(6)(iii) 22 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. In its
filing, Cboe Options requested that the
Commission waive the 30-day operative
delay. The Exchange represented that it
would like to migrate SPX options from
the Hybrid 3.0 System to the Hybrid
Trading System on April 30, 2018. The
Commission believes that waiver of the
30-day operative delay is consistent
with the protection of investors and the
public interest because the proposal is
designed to modify the Hybrid Trading
System rules to accommodate SPX
options in a manner substantively
similar to how they currently are listed
and traded on Hybrid 3.0. In so doing,
the proposal permits the Exchange to
migrate the one product currently
trading on Hybrid 3.0 onto the system
it uses for all other options, and to do
so in a way that minimizes disruption
for traders that currently trade SPX on
Hybrid 3.0 without raising novel issues.
Accordingly, the Commission waives
the 30-day operative delay and
daltland on DSKBBV9HB2PROD with NOTICES
20 15
U.S.C. 78s(b)(3)(A)(iii).
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 intent 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.
22 17 CFR 240.19b–4(f)(6)(iii).
21 17
VerDate Sep<11>2014
18:18 Apr 26, 2018
Jkt 244001
designates the proposed rule change
operative upon filing.23
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: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) 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.
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CBOE–2018–029, and
should be submitted on or before May
18, 2018.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.24
Eduardo A. Aleman,
Assistant Secretary.
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
CBOE–2018–029 on the subject line.
SECURITIES AND EXCHANGE
COMMISSION
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–CBOE–2018–029. 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 (https://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
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).
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
[FR Doc. 2018–08848 Filed 4–26–18; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–83093; File No. SR–CBOE–
2018–031]
Self-Regulatory Organizations; Cboe
Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Concerning the VIX Large
Trade Discount Program
April 23, 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 April 16,
2018, Cboe Exchange, Inc. (the
‘‘Exchange’’ or ‘‘Cboe Options’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Commission is publishing this
notice to solicit comments on the
proposed rule change from interested
persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
VIX Large Trade Discount program. The
text of the proposed rule change is also
available on the Exchange’s website
(https://www.cboe.com/AboutCBOE/
CBOELegalRegulatoryHome.aspx), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
24 17
CFR 200.30–3(a)(12) and (59).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\27APN1.SGM
27APN1
Agencies
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18605-18612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08848]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83089; File No. SR-CBOE-2018-029]
Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change in
Connection With the Migration of SPX Options From the Hybrid 3.0 System
to the Hybrid Trading System
April 23, 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 April 12, 2018, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend its rules related to listing the SPX
class on a group basis and amend other rules in connection with the
Exchange's planned migration of standard third-Friday options on the
S&P 500 Index (``SPX options'') to the Hybrid Trading System from the
Hybrid 3.0 System.
(additions are italicized; deletions are [bracketed])
* * * * *
Cboe Exchange, Inc. Rules
* * * * *
Rule 6.2. Hybrid Opening (and Sometimes Closing) System (``HOSS'')
(a)-(h) (No change).
[[Page 18606]]
. . . Interpretations and Policies:
.01 (No change).
.02 Market-Maker Quotes.
(a) Minimum Size. The Exchange determines on a class-by-class
basis [(a)] the minimum number of contracts for the initial size of
a Market-Maker's opening quote, which minimum must be at least one
contract. For SPX, the Exchange may also determine minimum initial
quote size on a premium basis and an expiration basis for series
with expirations of (1) 7 or fewer days, (2) 8 to 91 days, (3) 92 to
188 days, (4) 189 to 461 days, and (5) 462 or more days.
(b) Bid/Ask Differentials. The Exchange determines on a class-
by-class and premium basis the bid/ask differential requirements
with which Market-Makers' opening quotes must comply, which minimum
and differential requirements may be different for the opening than
those applicable intraday. For SPX, the Exchange may determine bid/
ask differential requirements for series with expirations of (1)
fewer than 462 days and (2) 462 or more days, and for all other
classes, the Exchange may determine bid/ask differential
requirements for series with expiration of (1) less than nine months
and (2) nine months or more.
.03-.07 (No change).
* * * * *
Rule 6.53C. Complex Orders on the Hybrid System
(a)-(d) (No change).
. . . Interpretations and Policies:
.01 (No change).
.02 [Reserved.] If the Exchange determines to list SPX on a
group basis pursuant to Rule 8.14, a marketable complex order
consisting of legs in different groups of series in the class does
not automatically execute against individual orders residing in the
EBook pursuant to Rule 6.53C(c)(ii)(1) or (d)(v)(1) and
automatically executes against complex orders (or COA responses) in
accordance with Rules 6.53C(c)(ii)(2) or (d)(v)(2) through (4). A
marketable complex order consisting of legs in the same group of
series in SPX executes against individual orders in the EBook in
accordance with Rule 6.53C(c)(ii) and (d)(v). Complex orders
consisting of legs in different groups of series that are marketable
against each other may only execute at a net price that has priority
over the individual orders and quotes resting in the EBook.
.03-.12 (No change).
* * * * *
Rule 8.3. Appointment of Market-Makers
(a)-(b) (No change).
(c) Market-Maker Appointments. Absent an exemption by the
Exchange, an appointment of a Market-Maker confers the right to
quote electronically and in open outcry in the Market-Maker's
appointed classes during Regular Trading Hours as described below.
Subject to paragraph (e) below, a Market-Maker may change its
appointed classes upon advance notification to the Exchange in a
form and manner prescribed by the Exchange.
(i) Hybrid Classes. Subject to paragraphs (c)(iv) and (e) below,
a Market-Maker can create a Virtual Trading Crowd (``VTC'')
appointment, which confers the right to quote electronically during
Regular Trading Hours in an appropriate number of Hybrid classes (as
defined in Rule 1.1(aaa)) selected from ``tiers'' that have been
structured according to trading volume statistics, except for the AA
tier. All classes within a specific tier will be assigned an
``appointment cost'' depending upon its tier location. The following
table sets forth the tiers and related appointment costs.
II.
------------------------------------------------------------------------
Appointment
Tier Hybrid options classes cost
------------------------------------------------------------------------
AA............................. Options on the Cboe .499
Volatility Index (VIX).
Options on the Standard ** 1.0
& Poor's 500 Index
(SPX).
* * * * * * *
------------------------------------------------------------------------
* Excludes Tier AA.
** If the Exchange determines to list SPX on a group basis pursuant to
Rule 8.14, the SPX appointment cost confers the right to trade in all
SPX groups.
(ii) (No change).
(iii) Hybrid 3.0 Class. In addition to paragraphs (i) and (ii)
above, and subject to paragraphs (c)(iv) and (e) below, a Market-
Maker can select as the Market-Maker's appointment a Hybrid 3.0
class traded on the Exchange, which confers the right to trade in
open outcry in the Hybrid 3.0 class during Regular Trading Hours as
described below. Each Hybrid 3.0 class is assigned an ``appointment
cost'', which is set forth below.
------------------------------------------------------------------------
Appointment
Hybrid 3.0 class cost
------------------------------------------------------------------------
[Options on the Standard & Poor's 500 Index (SPX)]...... [*1.0]
None.................................................... ..............
------------------------------------------------------------------------
[* This appointment cost also confers the right to trade any group of
series of SPX that the Exchange has authorized for trading on the
Hybrid Trading System pursuant to Rule 8.14.]
(iv)-(v) (No change).
(d)-(e) (No change).
* * * * *
Rule 8.7. Obligations of Market-Makers
(a)-(c) (No change).
(d) Market-Making Obligations in Applicable Hybrid Classes
The following obligations in this paragraph (d) are only
applicable to Market-Makers trading classes on the Cboe Options
Hybrid System and only in those Hybrid classes. Unless otherwise
provided in this Rule, Market-Makers trading classes on the Hybrid
System remain subject to all obligations imposed by Cboe Options
Rule 8.7. To the extent another obligation contained elsewhere in
Rule 8.7 is inconsistent with an obligation contained in paragraph
(d) of Rule 8.7 with respect to a class trading on Hybrid, this
paragraph (d) shall govern trading in the Hybrid class.
For Regular Trading Hours, these requirements are applicable on
a per class basis, except as set forth in paragraph (ii)(B) below,
depending upon the percentage of volume a Market-Maker transacts in
an appointed class during Regular Trading Hours electronically
versus in open outcry. With respect to making this determination,
the Exchange will monitor a Market-Maker's trading activity in each
appointed class during Regular Trading Hours every calendar quarter
to determine whether it exceeds the threshold established in
paragraph (d)(i). If a Market-Maker exceeds the threshold
established below, the obligations contained in (d)(ii) will be
effective the next calendar quarter.
For a period of ninety (90) days commencing immediately after a
class begins trading on the Hybrid system, the provisions of
paragraph (d)(i) shall govern trading in that class.
(i) Market-Maker Trades 20% or Less Contract Volume in an
Appointed Class Electronically:
If a Market-Maker on the Cboe Options Hybrid System never
transacts more than 20% (i.e., trades 20% or less) of the Market-
Maker's contract volume electronically in an appointed Hybrid class
during Regular Trading Hours during any calendar quarter, the
following provisions shall apply to that Market-Maker with respect
to that class:
(A) Quote Widths: With respect to electronic quoting, Market-
Makers must comply with the bid/ask differential requirements
determined by the Exchange on a class-by-class and premium basis
[the Market-Maker will not be required to comply with the bid/ask
differential requirements determined by the Exchange in that class.
The effectiveness of this subparagraph (i)(A) shall be in effect in
each Hybrid for a period of one year commencing with the date the
class begins trading on the Hybrid System]. For SPX, the Exchange
may determine bid/ask differential requirements for series with
expirations of (1) fewer than 462 days and (2) 462 or more days, and
for all other classes, the Exchange may determine bid/ask
differential requirements for series with
[[Page 18607]]
expiration of (1) less than nine months and (2) nine months or more.
(B) Continuous Electronic Quoting Obligation: The Market-Maker
will not be obligated to quote electronically in any designated
percentage of series within that class. If a Market-Maker quotes
electronically, its undecremented quote must be for the minimum
number of contracts determined by the Exchange on a class[ ]-by[ ]-
class basis, which minimum shall be at least one contract. For SPX,
the Exchange may also determine minimum initial quote size on a
premium basis and an expiration basis for series with expirations of
(1) 7 or fewer days, (2) 8 to 91 days, (3) 92 to 188 days, (4) 189
to 461 days, and (5) 462 or more days.
(C) (No change).
(ii) Market-Maker Trades More Than 20% Contract Volume in an
Appointed Class Electronically:
If a Market-Maker on the Cboe Options Hybrid System transacts
more than 20% of the Market-Maker's contract volume electronically
in an appointed Hybrid class during Regular Trading Hours during any
calendar quarter, commencing the next calendar quarter the Market-
Maker will be subject to the following quoting obligations in that
class for as long as the Market-Maker maintains an appointment in
that class:
(A) Quote Widths: Market-Makers must comply with the bid/ask
differential requirements determined by the Exchange on a class[ ]-
by[ ]-class and premium basis. For SPX, the Exchange may determine
bid/ask differential requirements for series with expirations of (1)
fewer than 462 days and (2) 462 or more days, and for all other
classes, the Exchange may determine bid/ask differential
requirements for series with expiration of (1) less than nine months
and (2) nine months or more.
(B) Continuous Electronic Quoting Obligation: A Market-Maker
will be required to maintain continuous electronic quotes (as
defined in Rule 1.1 (ccc)) in 60% of the non-adjusted option series
of the Market-Maker's appointed classes that have a time to
expiration of less than nine months. Compliance with this quoting
obligation applies to all of a Market-Maker's appointed classes
collectively (for which it must maintain continuous electronic
quotes pursuant to this paragraph (ii)(B)). The Exchange will
determine compliance by a Market-Maker with this quoting obligation
on a monthly basis. However, determining compliance with this
quoting obligation on a monthly basis does not relieve a Market-
Maker from meeting this obligation on a daily basis, nor does it
prohibit the Exchange from taking disciplinary action against a
Market-Maker for failing to meet this obligation each trading day.
The initial size of a Market-Maker's quote must be for the minimum
number of contracts determined by the Exchange on a class[ ]-by[ ]-
class basis, which minimum shall be at least one contract. For SPX,
the Exchange may also determine minimum initial quote size on a
premium basis and an expiration basis for series with expirations of
(1) 7 or fewer days, (2) 8 to 91 days, (3) 92 to 188 days, (4) 189
to 461 days, and (5) 462 or more days. This obligation does not
apply to intra-day add-on series on the day during which such series
are added for trading. Market-Maker continuous electronic quoting
obligations may be satisfied by Market-Makers either individually or
collectively with Market-Makers of the same TPH organization.
(C) (No change).
(iii) The obligations and duties of Market-Makers set forth in
paragraphs (d)(i) and (d)(ii) apply to a Market-Maker per trading
session (e.g., if a Market-Maker has an appointment in a class
during Regular Trading Hours and Extended Trading Hours, the
Exchange will determine a Market-Maker's compliance with the
continuous electronic quoting requirement during Regular Trading
Hours separately from compliance with the electronic quoting
requirement during Extended Trading Hours). Except as set forth in
paragraph (d)(ii)(B), the obligations and duties of Market-Makers
set forth in paragraphs (d)(i) and (d)(ii) apply to a Market-Maker
on a per class basis, except for SPX if the Exchange lists SPX on a
group basis pursuant to Rule 8.14 and determines to apply
obligations and duties of SPX Market-Makers on a group basis, and
only when the Market-Maker is quoting in a particular class during
the applicable trading session on a given trading day. For example,
if during a trading session on a given trading day a Market-Maker is
quoting in 1 of its 10 appointed classes, the Market-Maker has quote
width, continuous electronic quoting and, to the extent the Market-
Maker is present in the trading crowd, continuous open outcry
quoting obligations in that class, and the continuous electronic
quoting obligation in subparagraph (d)(ii)(B) applies to 60% of the
non-adjusted option series of that class that have a time to
expiration of less than nine months while the Market-Maker is
quoting. If during a trading session on a given trading day a
Market-Maker is quoting in 3 of its 10 appointed classes, the
Market-Maker has quote width and, to the extent the Market-Maker is
present in the trading crowd, continuous open outcry quoting
obligations in each of the 3 classes, and the continuous electronic
quoting obligation in subparagraph (d)(ii)(B) applies to 60% of the
non-adjusted option series of those three classes, collectively,
that have a time to expiration of less than nine months while the
Market-Maker is quoting. The obligations and duties are not
applicable to an appointed class if a Market-Maker is not quoting in
that appointed class.
(iv) (No change).
. . . Interpretations and Policies:
.01-.13 (No change).
* * * * *
Rule 8.13. Preferred Market-Maker Program
(a)-(d) (No change).
. . . Interpretations and Policies:
.01-.03 (No change).
.04 If the Exchange determines to list SPX on a group basis
pursuant to Rule 8.14, obligations of an SPX Market-Maker designated
as a Preferred Market-Maker, as set forth in Rule 8.13, apply on a
class basis, unless the Exchange determines to apply obligations on
a group basis.
Rule 8.14. Hybrid Trading System Platforms & Market-Maker Participants
(a)-(b) (No change).
. . . Interpretations and Policies:
.01 For each Hybrid 3.0 class, the Exchange may determine to
authorize a group of series of the class for trading on the Hybrid
Trading System and, if that authorization is granted, shall
determine the eligible categories of Market-Maker participants for
that group of series. The Exchange will also have the authority to
determine whether to change the trading platform on which the group
of series trades [and to change the eligible categories of Market-
Maker participants for the group]. If the Exchange lists SPX on the
Hybrid Trading System, the Exchange may determine to list the class
on a group basis, with both groups trading on the Hybrid Trading
System. The Exchange will also have the authority to change the
eligible categories of Market-Makers participants for each group. In
addition, the following shall apply:
(a)-(b) (No change).
(c) The Hybrid Trading System or Hybrid 3.0 Platform, as
applicable, trading parameters will be established by the Exchange
on a group basis to the extent the Exchange Rules otherwise provide
for such parameters to be established on a class basis.
Rule 8.15. Lead Market-Makers
(a)-(d) (No change).
. . . Interpretations and Policies:
.01-.04 (No change).
.05 If the Exchange determines to list SPX on a group basis
pursuant to Rule 8.14, obligations of an SPX Market-Maker designated
as a Lead Market-Maker, as set forth in Rule 8.15, apply on a class
basis, unless the Exchange determines to apply obligations on a
group basis.
* * * * *
Rule 8.85. DPM Obligations
(a)-(e) (No change).
. . . Interpretations and Policies:
.01-.02 (No change).
.03 If the Exchange determines to list SPX on a group basis
pursuant to Rule 8.14, obligations of a Designated Primary Market-
Maker with an SPX appointment, as set forth in Rule 8.85, apply on a
class basis, except if the Exchange determines to apply obligations
on a group basis.
* * * * *
The text of the proposed rule change is also available on the
Exchange's website (https://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these
[[Page 18608]]
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend its rules related to listing the SPX
class on a group basis and amend other rules in connection with the
Exchange's planned migration of SPX options to the Hybrid Trading
System from the Hybrid 3.0 System. Rule 8.14, Interpretation and Policy
.01 currently permits the Exchange to authorize a group of series of a
Hybrid 3.0 \5\ class for trading on the Hybrid Trading System. If the
Exchange authorizes this, it determines the eligible categories of
Market-Maker participants for the group (Designated Primary Market-
Makers (``DPMs''), Lead Market-Makers (``LMMs''), or Market-Makers).
The Exchange assigns a DPM or LMM to the group (or no DPM or LMM if the
conditions in Rule 8.14(b) are satisfied with respect to the group).
Market-Maker appointments apply on a class basis, except DPM and LMM
appointments apply only to the group of series to which the respective
DPM or LMM is assigned. The Exchange establishes Hybrid Trading System
trading parameters (e.g. minimum trading increment, allocation
algorithm) on a group basis to the extent the Rules otherwise provide
for such parameters to be established on a class basis.
---------------------------------------------------------------------------
\5\ ``Hybrid Trading System'' refers to (a) the Exchange's
trading platform that allows Market-Makers to submit electronic
quotes in their appointed classes and (b) any connectivity to the
foregoing trading platform that is administered by or on behalf of
the Exchange, such as a communications hub. ``Hybrid 3.0 Platform''
is an electronic trading platform on the Hybrid Trading System that
allows one or more quoters to submit electronic quotes which
represent the aggregate Market-Maker quoting interest in a series
for the trading crowd. Classes authorized by the Exchange for
trading on the Hybrid Trading System are referred to as Hybrid
classes. Classes authorized by the Exchange for trading on the
Hybrid 3.0 Platform are referred to as Hybrid 3.0 classes. See Rule
1.1(aaa). Currently, SPX is the only Hybrid 3.0 class and the only
class the Exchange lists on a group basis.
---------------------------------------------------------------------------
The proposed rule change amends Rule 8.14, Interpretation and
Policy .01 to permit the Exchange to list the SPX class on a group
basis, even if SPX trades on the Hybrid Trading System.\6\ The
remaining provisions of Interpretation and Policy .01 would apply.
Thus, if the Exchange lists SPX as a Hybrid class in two groups, both
groups may trade on the Hybrid Trading System (as the Exchange plans to
do). In addition, the Exchange may determine the eligible categories of
Market-Maker participants for each group. Similarly, the Exchange could
assign a DPM or LMM to each group, which appointments would apply to
the group of series to which the respective DPM or LMM is assigned
(Market-Maker appointments would continue to apply to the entire SPX
class, as further discussed below).\7\
---------------------------------------------------------------------------
\6\ The proposed rule change makes a conforming change in
Interpretation and Policy .01(c).
\7\ The Exchange does not currently (and does not intend to
following conversion of SPX options to Hybrid) appoint Preferred
Market-Makers (``PMMs'') or DPMs to SPX or SPXW options pursuant to
Rules 8.13 or 8.95, respectively. The Exchange currently appoints
LMMs to SPX options; however, it does not intend to do so following
conversion of SPX options to Hybrid.
---------------------------------------------------------------------------
As it does today, when determining whether to list the SPX class on
a group basis, the Exchange intends to generally select series with
common expirations or classifications (e.g., end-of-week series or end-
of-month series, short-term option series, long-term option series, or
series that expire on a particular expiration date) and trade them
under individual listing symbols. For example, the Exchange currently
lists the SPX class in two groups: (1) One group consists of series
with standard third-Friday expirations that are a.m.-settled, which
group trades on the Hybrid 3.0 Platform (``SPX options''); and (2) the
second group consists of series with all other expirations, including
weekly, monthly, and p.m.-settled (``SPXW options''), which group
trades on the Hybrid Trading System. In the second quarter of 2018, the
Exchange plans to begin listing SPX options on the Hybrid Trading
System (and no longer on the Hybrid 3.0 platform). SPXW options would
continue to trade on the Hybrid Trading System. Pursuant to the
proposed rule change, the Exchange may determine to continue to list
SPX options and SPXW options as groups on the Hybrid Trading System.
The Exchange would establish trading parameters (e.g., applicable
matching algorithm under Rule 6.45, opening rotation parameters under
Rule 6.2, automatic execution parameters under Rule 6.13, simple
auction liaison parameters under Rule 6.13A, hybrid agency liaison
parameters under Rule 6.14A, complex order parameters under Rule 6.53C,
and automated improvement mechanism parameters under Rule 6.74A) on a
group basis, as it does today for SPX options and SPXW options.\8\ For
example, currently, the Exchange applies customer priority allocation
to SPX options while the Exchange applies price-time allocation to SPXW
options. Pursuant to the proposed rule change, the Exchange could
continue to apply a different allocation algorithm to each group even
if both groups are trading on the same platform.
---------------------------------------------------------------------------
\8\ See Rule 8.14(c).
---------------------------------------------------------------------------
The Exchange believes for SPX, groups of series may exhibit
different trading characteristics, including appeal to different
categories of market participants. For example, SPXW options are
commonly traded by retail customers while SPX options are commonly
traded by institutional investors. The Exchange generally establishes
market models for classes based on these characteristics that most fit
the product, which the Exchange believes benefits investors. This is
true for SPX and SPXW options, which is why the Exchange believes it is
appropriate to continue to list the SPX class in groups once all SPX
series are trading on Hybrid.
The Exchange proposes to amend Rule 6.53C, Interpretation and
Policy .02 to state if the Exchange determines to list the SPX class on
a group basis pursuant to Rule 8.14, if a marketable complex order
consists of legs in different groups of series in the class, it will
not automatically execute against individual orders residing in the
EBook pursuant to Rule 6.53C(c)(ii)(1) or (d)(v)(1). A marketable
complex order consisting of legs in the same group of series in the
class executes against individual orders in the EBook in accordance
with Rule 6.53C(c)(ii) and (d)(v). This is consistent with current
functionality today applicable to SPX and SPXW pursuant to Rule 6.53C,
Interpretation and Policy .10, which only applies to Hybrid 3.0
classes. The proposed rule change extends this functionality to SPX as
a Hybrid class.
As discussed above, if the Exchange lists SPX as a Hybrid class on
a group basis, it may apply different trading parameters (including
different allocation algorithms) to each group. Due to system
limitations that based on the Exchange's experience are prohibitively
expensive to modify, complex orders consisting of different groups of
series will not automatically execute against individual orders
residing in the Ebook, even if they trade on the same platform.
Pursuant to Rule 6.53C, complex orders may only consist of legs from
the same class. While SPX and SPXW series are part of the same class,
and thus permissible for electronic handling under the Rules, the
System treats SPX and SPXW series as different classes and is unable to
[[Page 18609]]
process complex orders with components in different classes. Many
classes trade on their own trade server. Despite being the same class,
SPX options and SPXW options trade on separate trade servers due to the
number of series in each group and due to the fact that they trade as
different classes (as discussed above). Currently trading is not
possible ``across'' trade servers. If the System receives a complex
order with one SPX leg and one SPXW leg, it would need to trade the SPX
leg against the appropriate leg in the first trade server. After that
leg execution, it would then need to trade the SPXW leg against the
appropriate leg in the second trade server. Given the time these
executions would take, it would not result in the near simultaneous
execution of legs that is sought by the entry of complex orders.
Additionally, after the first leg execution, because the complex order
has not fully executed, the System would not be able to execute any
other orders within the series of the first leg, which may prevent
execution opportunities of those other orders.
Currently, this only applies to SPX/SPXW orders, and the proposed
rule change would treat these orders as they are today. SPX/SPXW orders
may execute against other SPX/SPXW orders in the COB upon entry or
against orders and COA responses following a COA in accordance with the
allocation and priority rules set forth in Rule 6.53C(c)(ii)(2) and
(d)(v)(2) through (4), respectively.\9\ The proposed rule change states
marketable SPX/SPXW orders will be eligible to automatically execute
against other SPX/SPXW orders resting in the COB provided the execution
is at a net price that has priority over the individual orders and
quotes residing in the EBook (which is consistent with the manner in
which the Exchange currently handles [sic] these complex orders are
handled, as provided in Rule 6.53C, Interpretation and Policy .10(b)).
An SPX/SPXW order that is marketable against individual orders resting
in the Ebook but not marketable against any complex orders resting in
the COB or COA responses will enter the COB or instead be routed to a
PAR workstation during Regular Trading Hours and rejected back to the
Trading Permit Holder during Extended Trading Hours if not eligible for
COB entry due to the terms of the order (for example, if the order is
for an origin code the Exchange does not permit to rest in the COB),
which is how those orders are treated today.\10\
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\9\ Rule 6.53C(c)(ii)(2) states the allocation of a complex
order within the COB will be pursuant to the rules of trading
priority otherwise applicable to incoming electronic orders in the
individual component legs or another electronic matching algorithm
from Rule 6.45, as determined by the Exchange on a class-by-class
basis. Therefore, pursuant to that provision and the proposed rule
change, the Exchange will determine for SPX/SPXW complex orders
which electronic matching algorithm will apply to those orders when
executing against other orders in the COB. Rules 6.53(d)(v)(2)
through (4) specify the matching algorithm applicable to complex
orders that execute following a COA, and those provisions will apply
to SPX/SPXW complex orders pursuant to the proposed rule change.
\10\ See Rules 6.12(a)(1) (which states orders initially routed
for electronic processing that are not eligible for automatic
execution or book entry will route to PAR, an order management
terminal, or back to the Trading Permit Holder); 6.53C(d)(vi) (which
states a COA-eligible order that cannot be filled in whole or in a
permissible ratio will route to the COB or back to PAR, as
applicable); and 6.1A(b) (which states if in accordance with the
Rules, an order would route to PAR, the order entry firm's booth, or
otherwise for manual handling, the System will return the order to
the Trading Permit Holder during Extended Trading Hours).
---------------------------------------------------------------------------
In connection with the planned migration of SPX options to Hybrid,
the Exchange proposes to amend Rule 8.3 regarding appointment costs.
The proposed rule change moves the SPX class from the Hybrid 3.0
appointment cost table to the Hybrid appointment cost table. The
Exchange would maintain the 1.0 appointment cost for SPX (which
includes SPXW). The proposed rule change notes if the Exchange
determines to list SPX as a Hybrid class on a group basis pursuant to
Rule 8.14, the appointment cost for the class confers the right to
trade in all SPX groups. This is consistent with how appointment costs
currently work, as currently, the SPX appointment cost of 1.0 applies
to any group of series of SPX authorized to trade on the Hybrid Trading
System.\11\ The proposed rule change merely applies this same concept
to SPX if listed on the Hybrid Trading System on a group basis pursuant
to the proposed rule change.
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\11\ See Rule 8.3(c)(iii).
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The proposed rule change amends Rule 8.7(d)(iii) to provide if the
Exchange lists SPX on a group basis pursuant to Rule 8.14, it may
determine to apply obligations and duties of Market-Makers with an
appointment to SPX on a group basis rather than a class basis.
Currently, Market-Maker obligations for Hybrid classes apply on a class
basis (e.g., the Exchange determines a Market-Maker's compliance with
the continuous electronic quoting obligations set forth in Rule 8.7(d)
for a class based all series in that class).\12\ If the Exchange
determined to list SPX as a Hybrid class on a group basis, the Exchange
may determine it lists a significantly larger number of SPX series in
which it may be burdensome for Market-Makers to quote. For example,
currently, the Exchange lists over 3,000 SPX series and almost 8,000
SPXW series (compared to, for example, over 400 VIX series and almost
200 VIX weekly series). With SPX options listed on Hybrid 3.0, Market-
Makers may not submit quotes in those series. Therefore, Market-Makers
with SPX appointments that are subject to electronic quoting
obligations under Rule 8.7(d) must satisfy those obligations based on
the number of SPXW series. However, when the SPX class moves to Hybrid,
Market-Makers will be able to submit electronic quotes in SPX options
as well as SPXW options. Applying obligations on a class basis would
significantly increase the number of series in which Market-Makers
would have to submit electronic quotes due to the large number of
series. Permitting the Exchange to determine compliance with these
obligations on a group basis would permit Market-Maker obligations to
apply to SPX in a similar manner as they do today based on a more
reasonable number of series.
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\12\ The proposed rule change makes corresponding changes to
proposed Rules 8.13, Interpretation and Policy .04; 8.15,
Interpretation and Policy .05; and 8.85, Interpretation and Policy
.03 regarding obligations of Preferred Market-Makers, Lead Market-
Makers, and Designated Primary Market-Makers, respectively.
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The Exchange proposes to amend Rules 6.2, Interpretation and Policy
.02(b) \13\ and 8.7(d)(i)(A) and (ii)(A) to permit the Exchange to
establish bid-ask differentials for Market-Makers (for opening and
intraday quotes, respectively) on a premium basis and for SPX, for
series with expirations of (1) fewer than 462 days and (2) 462 or more
days, and for all other classes, for series with expiration of (1) less
than nine months and (2) nine months or more, in addition to a class-
by-class basis (as currently permitted by the Rules). Similarly, the
Exchange proposes to amend Rules 6.2, Interpretation and Policy .02(a)
and 8.7(d)(i)(B) and (ii)(B) to permit the Exchange to establish
minimum quote size requirements (for opening and intraday quotes,
respectively) for SPX on a premium basis and expiration basis for
series with expirations of (1) 7 or fewer days, (2) 8 to 91 days, (3)
92 to 188 days, (4) 189 to 461 days, and (5) 462 or more days, in
addition to a class-by-class basis (as currently permitted by the
Rules).\14\ While different classes may
[[Page 18610]]
exhibit different trading characteristics, which make different minimum
quote sizes and differentials on a class-by-class basis appropriate as
permitted by the current Rule, the same may be true of series with
different premiums and expirations within a class to ensure the quote
size is not burdensome on Market-Makers. For example, series with
higher premiums or farther expirations generally have wider spreads and
lower trading volumes, and positions in those series carry additional
risk. These characteristics make wider bid-ask differential and smaller
minimum quote size (with respect to SPX) requirements more appropriate
and less burdensome on Market-Makers.\15\ The proposed expiration
groupings for minimum quote size and bid-ask differential requirements
in SPX are based on the Exchange's review of various information,
including SPX transaction data, sizes of LMM quotes in SPX, and
feedback received from Market-Makers and Exchange advisory groups.
---------------------------------------------------------------------------
\13\ As set forth in Rule 6.2, Interpretation and Policy .02(b),
the Exchange may set different minimum size and differential
requirements for the opening than those applicable intraday.
\14\ For classes other than SPX, the Exchange will continue to
be permitted to establish minimum size requirements on a class-by-
class basis only (and not by premium or expiration). The current
minimum quote size is one contract in all classes. See Regulatory
Circular RG16-073 (April 7, 2016).
\15\ The Exchange currently may set certain parameters on a
class and premium basis. See, e.g., Rules 6.2(d)(ii)(E) (opening
quote condition), 6.12(a)(3) (acceptable tick distance for limit
order price parameter). Currently, the Exchange sets bid-ask
differentials on a premium basis and for expirations of less than
nine months and nine months or more; the proposed rule change
codifies this practice for classes other than SPX in the Rules. See
Regulatory Circular RG16-073 (April 7, 2016) (wider requirements in
series with expirations of nine months or more and lower premiums).
---------------------------------------------------------------------------
Additionally, the proposed rule change amends Rule 8.7(d)(i)(A).
That provision currently states Market-Makers that do not transact more
than 20% of their contract volume electronically in an appointed Hybrid
class during any calendar quarter will not be required to comply with
bid/ask differential requirements with respect to electronic quoting
for the first year a class begins trading on the Hybrid System. After
the first year of Hybrid trading, a Market-Maker would need to then
comply with bid/ask differential requirements when quoting
electronically. The Exchange proposes to delete that requirement and
instead require Market-Makers to comply with bid/ask differential
requirements when quoting electronically as soon as a class begins
trading on the Hybrid System. The Exchange no longer believes the one-
year delay in imposing these requirements is necessary. Requiring all
electronic quotes to comply with bid/ask differential requirements will
increase liquidity and tighter markets in these classes as soon as they
begin trading. Market-Makers ultimately have to comply with these
requirements; the proposed rule change merely change [sic] when they
must start to comply with them. For example, under the current rule,
Market-Makers not subject to continuous electronic quote obligations
would not be required to comply with bid/ask differential requirements
with respect to any electronic quotes they submit until one year after
SPX begins trading on the Hybrid System. Under the proposed rule
change, these Market-Makers will need to comply with bid/ask
differential requirements when submitted electronic quotes as soon as
SPX begins trading on the Hybrid System.
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.\16\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \17\ 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) \18\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------
\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(5).
\18\ Id.
---------------------------------------------------------------------------
In particular, the Exchange believes the proposed rule change to
permit the Exchange to list the SPX class on Hybrid on a group basis
will benefit investors and promote just and equitable principles of
trade, as it provides the Exchange with flexibility to establish a more
appropriate market model for a group of SPX series that may exhibit
different trading characteristics than other series in the class, even
when both groups trade on the same platform. Currently, the Exchange
may list a class on a group basis if the groups of a class trade on
different trading platforms, and as noted above, the Exchange currently
only does so for SPX, the only Hybrid 3.0 class. The proposed rule
change merely permits the Exchange to similarly list the SPX class on a
group basis on the same trading platform when SPX options migrate to
the Hybrid Trading System. This will permit the Exchange to migrate SPX
options to the Hybrid Trading System without interruption to how SPX
and SPXW options currently trade.
Similarly, the proposed rule change to provide that SPX/SPXW
complex orders will not execute against individual orders in the Ebook
will permit these orders to be handled in the same manner on the Hybrid
Trading System as they are today on the Hybrid 3.0 System. These orders
will continue to be eligible for electronic processing, including
electronic execution, in the same manner as complex orders consisting
of SPX series only or SPXW series only, except they will not
automatically against [sic] individual orders in the Ebook for the
legs, which will result in those SPX/SPXW orders being treated in the
same manner as they are today. This will provide these orders with the
same electronic execution opportunities they have today, which will
continue to not be eligible for automatic execution against the
individual leg markets due to system limitations described above and
would instead rest in the COB (if eligible) or route to PAR, an order
management terminal, or the Trading Permit Holder during Regular
Trading Hours, or be rejected back to the Trading Permit Holder during
Extended Trading Hours.
The Exchange believes the proposed rule change to permit the
Exchange to establish minimum quote size for SPX, and bid-ask
differential requirements for all classes, on a premium basis and for
specific expirations, in addition to class basis, will ensure Market-
Maker obligations maintain an appropriate balance of obligations and
benefits. As discussed above, the Exchange currently establishes bid-
ask differential requirements on a class and premium basis and for
series with expirations of less than nine months and nine months or
more. The proposed rule change merely codifies this practice in the
Rules for classes other than SPX, so this will result in no change to
Market-Makers. The Exchange believes it is appropriate to establish
minimum quote sizes in SPX on an expiration and premium basis to
reflect the different trading characteristics of those series within
the SPX class. For example, series with higher premiums or farther
expirations generally have wider spreads and lower trading volumes, and
positions in those series carry additional risk. These characteristics
make wider bid-ask differential and smaller
[[Page 18611]]
minimum quote size (with respect to SPX) requirements more appropriate
and less burdensome on Market-Makers. The proposed expiration groupings
for minimum quote size and bid-ask differential requirements in SPX are
based on the Exchange's review of various information, including SPX
transaction data, sizes of LMM quotes in SPX, and feedback received
from Market-Makers and Exchange advisory groups. The Exchange believes
this proposed rule change will promote just and equitable principles of
trade by ensuring bid/ask differential requirements and minimum size
requirements for SPX are effective and not overly burdensome on Market-
Makers, which will ensure continued liquidity on the Exchange,
including in SPX options once they convert to Hybrid, which ultimately
benefits investors.
The proposed rule change to move the appointment cost for the SPX
class from the Hybrid 3.0 table to the Hybrid table in Rule 8.3(c)(i)
reflects the Exchange's planned migration of SPX options from the
Hybrid 3.0 platform to the Hybrid Trading System. The Exchange proposes
no change to the appointment cost, and thus Market-Makers with SPX
appointments will not need to purchase any additional trading permits
to quote SPX options once the migrate trading platforms.
The Exchange believes the proposed rule change to permit the
Exchange to apply Market-Maker (including PMMs and DPMs, as applicable)
\19\ obligations on a group basis rather than class basis for SPX will
promote just and equitable principles of trade, as it will ensure a
continued balance of an SPX Market-Maker's obligations with benefits
given the significantly large number of SPX series. Requiring a Market-
Maker to satisfy quoting obligations in multiple groups of SPX that, in
the aggregate, represent a significantly large number of series, may be
burdensome for Market-Makers to quote, which may disincentive Market-
Makers from selecting appointments in such a class and thus reduce
liquidity. The proposed rule change incentivizes Market-Makers to
retain SPX appointments. Additionally, permitting the Exchange to
determine compliance with these obligations on a group basis would
permit Market-Maker obligations to apply to SPX options when it
migrates to the Hybrid Trading System in a similar manner as they do
today. For example, SPX Market-Makers that currently quote in SPXW
options may elect to continue to only quote in those options without
having to quote in SPX options.
---------------------------------------------------------------------------
\19\ The Exchange notes there are not currently any PMMs or DPMs
for SPX or SPXW, and there will be none at the time of conversion of
SPX to Hybrid.
---------------------------------------------------------------------------
The proposed rule change to require Market-Makers to comply with
bid/ask differential requirements with respect to electronic quotes
upon a class beginning to trade on the Hybrid System will increase
liquidity and tighter markets in these classes as soon as they begin
trading. The proposed rule change maintains a balance of obligations
and benefits, as Market-Makers ultimately have to comply with these
requirements; the proposed rule change merely change when they must
start to comply with them.
B. Self-Regulatory Organization's Statement on Burden on Competition
Cboe Options does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change has
no impact on intramarket competition, as it will apply to all market
participants that trade in SPX when listed on a group basis on the
Hybrid Trading System. When SPX options move to trade on the Hybrid
Trading System, the SPX class will continue to trade in two groups as
it does today (SPX options and SPXW options), and SPX/SPXW complex
orders will continue to be handled in the same manner as they are
today. The proposed rule change has no impact on intermarket
competition, as the proposed rule change relates to a product
exclusively listed on the Exchange, and permits that product to
continue trading in a similar manner as it does today.
The proposed rule change to permit the Exchange to determine a
Market-Maker's compliance with obligations on a group basis rather than
a class basis, as well as to establish minimum quote sizes on an
expiration and premium basis, in addition to class basis, for the SPX
class ensures a continued balance of a Market-Maker's obligations with
benefits. The proposed change will apply in the same manner to Market-
Makers that select SPX appointments. As set forth in Rule 8.3(c),
Market-Makers select which classes in which they have appointments, and
thus become subject to these obligations when they choose such
appointments in their discretion. Permitting the Exchange to determine
compliance with these obligations on a group basis would permit Market-
Maker obligations to apply to SPX options when they migrates [sic] to
the Hybrid Trading System, and apply to SPXW options in a similar
manner as they do today. Additionally, the proposed rule change ensures
the Exchange may apply these obligations to reasonable number of series
and not be overly burdensome on Market-Makers.
The proposed rule change to permit the Exchange to establish
minimum quote size (for SPX) and bid-ask differential requirements on
an expiration and premium basis will ensure the Exchange can
effectively set these requirements without being overly burdensome on
Market-Makers given the differing trade characteristics applicable to
series with different expirations and premiums. These proposed changes
overall will continue to incentive Market-Makers to have appointments
in SPX, which increases liquidity and ultimately benefits investors. As
noted above, the rules permit the Exchange to establish other trading
parameters on a premium and class basis, and the proposed rule change
codifies a current Exchange practice to set bid-ask differential
requirements on a class and premium basis and for expirations of less
than nine months and nine months or more for all classes other than
SPX. The proposed expiration groupings for minimum quote size and bid-
ask differential requirements in SPX are based on the Exchange's review
of various information, including SPX transaction data, sizes of LMM
quotes in SPX, and feedback received from Market-Makers and Exchange
advisory groups. The proposed rule change has no impact on intermarket
competition, as the proposed rule change relates to obligations
applicable to Cboe Options Market-Makers.
The proposed rule change regarding SPX appointment cost will have
no impact on competition, as the appointment cost will stay the same,
and thus Market-Makers will not need to obtain any additional trading
permits to quote in SPX options following their migration to the Hybrid
Trading System.
The proposed rule change related to bid/ask differentials will not
impose any burden on intramarket competition, because it will apply in
the same manner to all Market-Makers subject to that requirement. It
will not impose any burden on intermarket competition, because it
relates to quoting requirements imposed by Cboe Options. Additionally,
requiring Market-Makers to comply with bid/ask differential
requirements with respect to electronic quotes as soon as a class
begins trading will increase liquidity and tighter markets in these
classes when the class starts trading. Market-Makers ultimately have to
comply with these
[[Page 18612]]
requirements; the proposed rule change merely change [sic] when they
must start to comply with them.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
The Exchange neither solicited nor received comments on the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \20\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\21\
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\20\ 15 U.S.C. 78s(b)(3)(A)(iii).
\21\ 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 intent 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 after the date of the filing. However,
Rule 19b-4(f)(6)(iii) \22\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. In its filing, Cboe Options
requested that the Commission waive the 30-day operative delay. The
Exchange represented that it would like to migrate SPX options from the
Hybrid 3.0 System to the Hybrid Trading System on April 30, 2018. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposal is designed to modify the Hybrid Trading System
rules to accommodate SPX options in a manner substantively similar to
how they currently are listed and traded on Hybrid 3.0. In so doing,
the proposal permits the Exchange to migrate the one product currently
trading on Hybrid 3.0 onto the system it uses for all other options,
and to do so in a way that minimizes disruption for traders that
currently trade SPX on Hybrid 3.0 without raising novel issues.
Accordingly, the Commission waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\23\
---------------------------------------------------------------------------
\22\ 17 CFR 240.19b-4(f)(6)(iii).
\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).
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-CBOE-2018-029 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-CBOE-2018-029. 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 (https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2018-029, and should be submitted
on or before May 18, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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\24\ 17 CFR 200.30-3(a)(12) and (59).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08848 Filed 4-26-18; 8:45 am]
BILLING CODE 8011-01-P