Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Order Approving a Proposed Rule Change, as Modified by Amendment Nos. 1 and 3, To Permit the Listing and Trading of Options That Overlie the Mini-SPX Index and the Russell 2000 Index, 49960-49962 [2018-21486]
Download as PDF
49960
Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices
material information, to do so through
public disclosure, not selective
disclosure; and (2) to make prompt
public disclosure of material
information that was unintentionally
selectively disclosed. Regulation FD was
adopted due to a concern that the
practice of selective disclosure leads to
a loss of investor confidence in the
integrity of our capital markets. All
information is provided to the public for
review. The information required is
filed on occasion and is mandatory. We
estimate that approximately 13,000
issuers make Regulation FD disclosures
approximately five times a year for a
total of 58,000 submissions annually,
not including an estimated 7,000 issuers
who file Form 8–K to comply with
Regulation FD. We estimate that it takes
approximately 5 hours per response
(58,000 responses × 5 hours) for a total
burden of 290,000 hours annually. In
addition, we estimate that 25% of the 5
hours (1.25 hours) is prepared by the
filer for an annual reporting burden of
72,500 hours (1.25 hours per response ×
58,000 responses).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
The public may view the background
documentation for this information
collection at the following website,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Candace Kenner, 100 F
Street NE, Washington, DC 20549 or
send an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: September 27, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–21509 Filed 10–2–18; 8:45 am]
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BILLING CODE 8011–01–P
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84299; File No. SR–
CboeEDGX–2018–035]
Self-Regulatory Organizations; Cboe
EDGX Exchange, Inc.; Order
Approving a Proposed Rule Change,
as Modified by Amendment Nos. 1 and
3, To Permit the Listing and Trading of
Options That Overlie the Mini-SPX
Index and the Russell 2000 Index
September 27, 2018.
I. Introduction
On August 10, 2018, Cboe EDGX
Exchange, Inc. (‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change to permit the
listing and trading of options that
overlie the Mini-SPX Index (‘‘XSP
options’’), the Russell 2000 Index (‘‘RUT
options’’), and the Dow Jones Industrial
Average (‘‘DJX options’’). The proposed
rule change was published for comment
in the Federal Register on August 21,
2018.3 The Commission received no
comments in response to the Notice. On
September 18, 2018, the Exchange filed
Amendment No. 1 to the proposal.4 On
September 25, 2018, the Exchange filed
Amendment No. 3 to the proposal.5 This
order approves the proposed rule
change, as modified by Amendment
Nos. 1 and 3 thereto.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 83853
(August 15, 2018), 83 FR 42344 (‘‘Notice’’).
4 Amendment No. 1 provides that the lowest
strike price interval that may be listed for XSP
option series under the Short Term Option Series
Program is $0.50. The Exchange notes that this
provision was inadvertently omitted in the initial
filing. Amendment No. 1 is available at https://
www.sec.gov/comments/sr-cboeedgx-2018-035/
srcboeedgx2018035-4388446-175573.pdf. Because
Amendment No. 1 does not materially alter the
substance of the proposed rule change or raise
unique or novel regulatory issues, Amendment No.
1 is not subject to notice and comment.
5 The Exchange filed Amendment No. 2 to the
proposal on September 24, 2018. On September 25,
2018, the Exchange withdrew Amendment No. 2
and replaced it with Amendment No. 3.
Amendment No. 3 removes all aspects of the
proposal related to the listing and trading of DJX
options. Amendment No. 3 is available at https://
www.sec.gov/comments/sr-cboeedgx-2018-035/
srcboeedgx2018035-4423273-175678.pdf. Because
Amendment No. 3 removes all references specific
to the listing and trading of DJX options from the
original proposal and does not raise unique or novel
regulatory issues, Amendment No. 3 is not subject
to notice and comment.
2 17
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II. Description of the Amended
Proposal 6
The Exchange proposes to amend the
Exchange’s index options rules to
permit the listing and trading of XSP
options and RUT options. As more fully
set forth in the Notice and Amendment
Nos. 1 and 3 and further described
below, the proposed new rules and
changes to existing rules of the
Exchange are based on the existing rules
of other options exchanges.7
XSP and RUT options will be A.M.,
cash-settled contracts with Europeanstyle exercise.8 XSP options are options
on the Mini-SPX Index, the current
value of which is 1/10th the value of the
Standard & Poor’s 500 Stock Index
reported by the reporting authority.9
RUT options are options on the Russell
2000 Index.10 According to the
Exchange, the index underlying each of
XSP and RUT options satisfies the
criteria of a broad-based index for the
initial listing of options on that index,
as set forth in Rule 29.3(b). XSP and
RUT options will be subject to the
maintenance listing standards set forth
in Rule 29.3(c).11
As described more fully in the Notice
and Amendment Nos. 1 and 3, the
Exchange has proposed rules related to
the listing and trading of XSP and RUT,
including the minimum increments
applicable to XSP 12 and strike intervals
applicable to both XSP and RUT.13 In
addition, the Exchange has proposed
changes to its long-term index options
6 For a more complete description of the proposed
rule change, see Notice, supra note 3; Amendment
No. 1, supra note 4; and Amendment No. 3, supra
note 5.
7 See, e.g., Cboe Options Rules 6.42, 24.7, and
24.9; C2 Rule 6.11(a)(2).
8 See proposed changes to Rule 29.11(a)(4) and
Rule 29.11(a)(5)(B).
9 See proposed Interpretation and Policy .01 to
Rule 29.11, which states that the current index
value of XSP options will be 1/10th the value of the
Standard & Poor’s 500 Stock Index reported by the
reporting authority. The Exchange states that the
S&P Dow Jones Indices is the reporting authority for
the Mini-SPX Index. See proposed Interpretation
and Policy .01 to Rule 29.2.
10 The Exchange states that the Frank Russell
Company is the reporting authority for the Russell
2000 Index. See proposed Interpretation and Policy
.01 to Rule 29.2.
11 In the event XSP or RUT options fails to satisfy
the maintenance listing standards set forth in Rule
29.3(c), the Exchange states that it will not open for
trading any additional series of options of that class
unless the continued listing of that class of index
options has been approved by the Commission
under Section 19(b)(2) of the Act. See Notice, supra
note 3, at 42345, n. 4.
12 See proposed Rule 21.5, Interpretation and
Policy .02. The minimum increment for RUT will
be as set forth in current Rule 21.5: Five cents if
the series is trading below $3.00, and ten cents if
the series is trading at or above $3.00. See Notice,
supra note 3, at 42345.
13 See proposed changes to Rule 29.11(c)(1) and
(c)(5).
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rules, including proposing to extend the
maximum term to 180 months (15
years) 14 and adding RUT to the list of
indices on which the Exchange may list
reduced-value long-term options
series.15 The proposed rule change also
modifies the Exchange’s rules to
describe the opening process for index
options,16 which the Exchange states
will be the same as the opening process
for index options on C2 Exchange, Inc.
(‘‘C2’’).17 The Exchange also proposed
rule changes to clarify the applicability
of certain provisions of its rules.18
Additionally, the Exchange has
proposed changes to its rules relating to
trading halts,19 the obvious error
process,20 and listing additional
expiration months 21 that are consistent
with the rules of another options
exchange.22
The Exchange represents it has an
adequate surveillance program in place
for index options, and that it is a
member of the Intermarket Surveillance
Group (‘‘ISG’’).23 Additionally, the
Exchange represents that has analyzed
its capacity and believes that it and the
Options Price Reporting Authority
(‘‘OPRA’’) have the necessary systems
capacity to handle the additional traffic
associated with the listing of XSP and
RUT options up to the proposed number
of possible expirations and strike
prices.24 The Exchange believes that any
additional traffic that would be
generated from the introduction of XSP
and RUT options will be manageable,
and that its Members will not have a
capacity issue as a result of this
proposed rule change.25 The Exchange
also represents that it does not believe
14 See proposed change to Rule 29.11(b)(1). The
Exchange represents that it has confirmed with the
Options Clearing Corporation (‘‘OCC’’) that OCC
can configure its systems to support long-term
options contracts that have a maximum term of 180
months (15 years). See Notice, supra note 3, at
42346.
15 See proposed change to Rule 29.11(b)(2). The
Exchange represents that the reduced-value longterm RUT series will be subject to the same trading
rules as long-term RUT series, except the minimum
strike price interval will be $2.50 for all series
regardless of the strike price. See Notice, supra note
3, at 42346. The Exchange also states that for
reduced-value long-term RUT series, the underlying
value will be computed at 10% of the value of the
Russell 2000 Index. See id.
16 See proposed changes to Rule 21.7.
17 See Notice, supra note 3, at 42348.
18 See proposed changes to Rules 29.11(b)(1)(A),
29.13(b); proposed Rule 29.15.
19 See proposed changes to Rule 29.10(b).
20 See proposed changes to Rule 20.6(g) and (h).
21 See proposed Rule 29.11(i).
22 See Cboe Options Rule 6.42, Interpretation and
Policy .03; Cboe Options Rule 6.25(g) and (h); and
Cboe Options Rule 24.9, Interpretation and Policy
.01(b).
23 See Notice, supra note 3, at 42349–50.
24 Id. at 42350.
25 Id.
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this expansion will cause fragmentation
of liquidity.26 The Exchange states that
it will monitor the trading volume
associated with the additional options
series listed as a result of this proposed
rule change and the effect (if any) of
these additional series on market
fragmentation and on the capacity of the
Exchange’s automated systems.27
The Exchange states that XSP and
RUT options will be subject to the
margin requirements set forth in
Chapter 28 and the position limits set
forth in Rule 29.5. Chapter 28 imposes
the margin requirements of either Cboe
Options or the New York Stock
Exchange on Exchange Options
Members. Similarly, Rule 29.5 imposes
position (and exercise) limits for broadbased index options of Cboe Options on
Exchange Options Members. XSP and
RUT options are currently listed and
traded on Cboe Options, and the
Exchange proposes that the same margin
requirements and position and exercise
limits that apply to these products as
traded on Cboe Options will apply to
these products when listed and traded
on the Exchange.28
III. Discussion and Commission’s
Findings
The Commission finds that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to a national securities
exchange.29 Specifically, the
Commission finds that the proposal is
consistent with Section 6(b)(5) of the
Act,30 which requires, among other
things, that the rules of a national
securities exchange be designed to
promote just and equitable principles of
trade, 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.
The Commission believes that the
Exchange’s proposal gives options
investors the ability to make an
additional investment choice in a
manner consistent with the
requirements of Section 6(b)(5) of the
Act.31 The Commission notes that the
Exchange represents that the index
underlying each of XSP and RUT
options satisfies the criteria of a broadbased index for the initial listing of
26 Id.
27 Id.
28 Id.
29 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
30 15 U.S.C. 78f(b).
31 15 U.S.C. 78f(b)(5).
PO 00000
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49961
options on that index in Rule 29.3(b),
which rule has previously been
approved by the Commission.32 In
considering the proposed changes to the
Exchange rules related to the listing and
trading of XSP and RUT, including the
rules related to minimum increments 33
and strike price intervals,34 the
Commission notes that the proposed
rules are consistent with the rules of
another exchange.35 In addition, the
Commission notes that the proposed
rule changes related to long-term
options series,36 trading halts,37 the
obvious error process,38 the opening
process 39 and listing additional
expiration months 40 are also consistent
with the rules of other exchanges.41 The
Commission believes that the
Exchange’s proposal does not raise any
novel regulatory issues, as it is
consistent with the rules of other
national securities exchanges previously
approved by the Commission. Finally,
the Commission notes that certain of the
Exchange’s proposed rule changes are
intended to promote clarity about the
applicability of the Exchange’s rules,42
thereby reducing any potential investor
confusion.
The Commission further believes that
the Exchange’s proposed position and
exercise limits, margin requirements
and other aspects of the proposed rule
change related to the listing and trading
of XSP and RUT options are appropriate
and consistent with the Act. In
particular, the Commission notes that
the Exchange rules regarding position
and exercise limits and margin
requirements incorporate by reference
the corresponding Cboe Options rules
32 See Securities Exchange Act Release No. 75650
(August 7, 2015), 80 FR 48600 (August 13, 2015).
Additionally, the Commission notes that options on
XSP and RUT will be subject to the maintenance
listing standards of Rule 29.3(c). The Exchange
represents that in the event XSP or RUT options
fails to satisfy the maintenance listing standards set
forth herein, the Exchange will not open for trading
any additional series of options of that class unless
the continued listing of that class of index options
has been approved by the Commission under
Section 19(b)(2) of the Exchange Act. See Notice,
supra note 3, at 42345, n. 4.
33 See proposed Rule 21.5, Interpretation and
Policy .02.
34 See proposed Rule 29.11(c)(1) and (c)(5).
35 See Cboe Options Rule 6.42, Interpretation and
Policy .03; Cboe Options Rule 24.9. Interpretations
and Policies .01(a), .11.
36 See proposed changes to Rule 29.11(b).
37 See proposed changes to Rule 29.10(b).
38 See proposed changes to Rule 20.6(g) and (h).
39 See proposed changes to Rule 21.7.
40 See proposed Rule 29.11(i).
41 See, e.g., Cboe Options Rule 24.9(b)(1); Cboe
Options Rule 24.9, Interpretation and Policy .13;
Cboe Options Rule 24,7(a); Phlx Rule 1047A(c);
Cboe Options Rule 6.25(g) and (h); C2 Rule
6.11(a)(2).
42 See, e.g., proposed changes to Rule
29.11(b)(1)(A); Rule 29.13; Rule 29.15.
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices
which were previously approved by the
Commission. The Commission notes
that the Exchange represents that it has
an adequate surveillance program in
place for index options.43 Further, the
Exchange is a member of the ISG, which
provides for the sharing of information
and the coordination of regulatory
efforts among exchanges trading
securities and related products to
address potential intermarket
manipulations and trading abuses.
In approving the proposed rule
change, the Commission has also relied
upon the Exchange’s representation that
it and OPRA have the necessary systems
capacity to support the new options
series that will result from this proposal,
and that the Exchange will monitor the
trading volume associated with the
additional options series listed as a
result of this proposed rule change and
the effect (if any) of these additional
series on market fragmentation and on
the capacity of the Exchange’s
automated systems.44
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,45 that the
proposed rule change (SR–CboeEDGX–
2018–035), as modified by Amendment
Nos. 1 and 3, be approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.46
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–21486 Filed 10–2–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
daltland on DSKBBV9HB2PROD with NOTICES
Extension:
Rule 239, SEC File No. 270–638, OMB
Control No. 3235–0687
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget this
request for extension of the previously
43 See
Notice, supra note 3, at 42349–50.
id. at 42350.
45 15 U.S.C. 78s(b)(2).
46 17 CFR 200.30–3(a)(12).
44 See
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18:05 Oct 02, 2018
Jkt 247001
approved collection of information
discussed below.
Rule 239 (17 CFR 230.239) provides
exemptions under the Securities Act of
1933 (15 U.S.C. 77a et seq.), the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) and the Trust
Indenture Act of 1939 (U.S.C. 77aaa et
seq.) for security-based swaps issued by
certain clearing agencies satisfying
certain conditions. The purpose of the
information required by Rule 239 is to
make certain information about
security-based swaps that may be
cleared by the registered or the exempt
clearing agencies available to eligible
contract participants and other market
participants. We estimate that each
registered or exempt clearing agency
issuing security-based swaps in its
function as a central counterparty will
spend approximately 2 hours each time
it provides or update the information in
its agreements relating to security-based
swaps or on its website. We estimate
that each registered or exempt clearing
agency will provide or update the
information approximately 20 times per
year. In addition, we estimate that 75%
of the 2 hours per response (1.5 hours)
is prepared internally by the clearing
agency for a total annual reporting
burden of 180 hours (1.5 hours per
response × 20 times × 6 respondents).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
The public may view the background
documentation for this information
collection at the following website,
www.reginfo.gov. Comments should be
directed to: (i) Desk Officer for the
Securities and Exchange Commission,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Room 10102, New Executive
Office Building, Washington, DC 20503,
or by sending an email to: Shagufta_
Ahmed@omb.eop.gov; and (ii) Pamela
Dyson, Director/Chief Information
Officer, Securities and Exchange
Commission, c/o Candace Kenner, 100 F
Street NE, Washington, DC 20549 or
send an email to: PRA_Mailbox@
sec.gov. Comments must be submitted to
OMB within 30 days of this notice.
Dated: September 27, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–21510 Filed 10–2–18; 8:45 am]
BILLING CODE 8011–01–P
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84298; File No. SR–
CboeBZX–2018–058]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Order Approving
a Proposed Rule Change, as Modified
by Amendment Nos. 1 and 2, To Permit
the Listing and Trading of Options
That Overlie the Mini-SPX Index and
the Russell 2000 Index
September 27, 2018.
I. Introduction
On August 2, 2018, Cboe BZX
Exchange, Inc. (‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’ or ‘‘SEC’’),
pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a
proposed rule change to permit the
listing and trading of options that
overlie the Mini-SPX Index (‘‘XSP
options’’), the Russell 2000 Index (‘‘RUT
options’’), and the Dow Jones Industrial
Average (‘‘DJX options’’). The proposed
rule change was published for comment
in the Federal Register on August 21,
2018.3 The Commission received no
comments in response to the Notice. On
September 18, 2018, the Exchange filed
Amendment No. 1 to the proposal.4 On
September 24, 2018, the Exchange filed
Amendment No. 2 to the proposal.5 This
order approves the proposed rule
change, as modified by Amendment
Nos. 1 and 2 thereto.
II. Description of the Amended
Proposal 6
The Exchange proposes to amend the
Exchange’s index options rules to
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 83852
(August 15, 2018), 83 FR 42330 (‘‘Notice’’).
4 Amendment No. 1 provides that the lowest
strike price interval that may be listed for XSP
option series under the Short Term Option Series
Program is $0.50. The Exchange notes that this
provision was inadvertently omitted in the initial
filing. Amendment No. 1 is available at https://
www.sec.gov/comments/sr-cboebzx-2018-058/
srcboebzx2018058-4387759-175584.pdf. Because
Amendment No. 1 does not materially alter the
substance of the proposed rule change or raise
unique or novel regulatory issues, Amendment No.
1 is not subject to notice and comment.
5 Amendment No. 2 removes all aspects of the
proposal related to the listing and trading of DJX
options. Amendment No. 2 is available at https://
www.sec.gov/comments/sr-cboebzx-2018-058/
srcboebzx2018058-4421264-175677.pdf. Because
Amendment No. 2 removes all references specific
to the listing and trading of DJX options from the
original proposal and does not raise unique or novel
regulatory issues, Amendment No. 2 is not subject
to notice and comment.
6 For a more complete description of the proposed
rule change, see Notice, supra note 3; Amendment
2 17
E:\FR\FM\03OCN1.SGM
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Agencies
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Pages 49960-49962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21486]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84299; File No. SR-CboeEDGX-2018-035]
Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Order
Approving a Proposed Rule Change, as Modified by Amendment Nos. 1 and
3, To Permit the Listing and Trading of Options That Overlie the Mini-
SPX Index and the Russell 2000 Index
September 27, 2018.
I. Introduction
On August 10, 2018, Cboe EDGX Exchange, Inc. (``Exchange'') filed
with the Securities and Exchange Commission (``Commission'' or
``SEC''), pursuant to Section 19(b)(1) of the Securities Exchange Act
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to permit the listing and trading of options that overlie the
Mini-SPX Index (``XSP options''), the Russell 2000 Index (``RUT
options''), and the Dow Jones Industrial Average (``DJX options''). The
proposed rule change was published for comment in the Federal Register
on August 21, 2018.\3\ The Commission received no comments in response
to the Notice. On September 18, 2018, the Exchange filed Amendment No.
1 to the proposal.\4\ On September 25, 2018, the Exchange filed
Amendment No. 3 to the proposal.\5\ This order approves the proposed
rule change, as modified by Amendment Nos. 1 and 3 thereto.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 83853 (August 15,
2018), 83 FR 42344 (``Notice'').
\4\ Amendment No. 1 provides that the lowest strike price
interval that may be listed for XSP option series under the Short
Term Option Series Program is $0.50. The Exchange notes that this
provision was inadvertently omitted in the initial filing. Amendment
No. 1 is available at https://www.sec.gov/comments/sr-cboeedgx-2018-035/srcboeedgx2018035-4388446-175573.pdf. Because Amendment No. 1
does not materially alter the substance of the proposed rule change
or raise unique or novel regulatory issues, Amendment No. 1 is not
subject to notice and comment.
\5\ The Exchange filed Amendment No. 2 to the proposal on
September 24, 2018. On September 25, 2018, the Exchange withdrew
Amendment No. 2 and replaced it with Amendment No. 3. Amendment No.
3 removes all aspects of the proposal related to the listing and
trading of DJX options. Amendment No. 3 is available at https://www.sec.gov/comments/sr-cboeedgx-2018-035/srcboeedgx2018035-4423273-175678.pdf. Because Amendment No. 3 removes all references specific
to the listing and trading of DJX options from the original proposal
and does not raise unique or novel regulatory issues, Amendment No.
3 is not subject to notice and comment.
---------------------------------------------------------------------------
II. Description of the Amended Proposal 6
---------------------------------------------------------------------------
\6\ For a more complete description of the proposed rule change,
see Notice, supra note 3; Amendment No. 1, supra note 4; and
Amendment No. 3, supra note 5.
---------------------------------------------------------------------------
The Exchange proposes to amend the Exchange's index options rules
to permit the listing and trading of XSP options and RUT options. As
more fully set forth in the Notice and Amendment Nos. 1 and 3 and
further described below, the proposed new rules and changes to existing
rules of the Exchange are based on the existing rules of other options
exchanges.\7\
---------------------------------------------------------------------------
\7\ See, e.g., Cboe Options Rules 6.42, 24.7, and 24.9; C2 Rule
6.11(a)(2).
---------------------------------------------------------------------------
XSP and RUT options will be A.M., cash-settled contracts with
European-style exercise.\8\ XSP options are options on the Mini-SPX
Index, the current value of which is 1/10th the value of the Standard &
Poor's 500 Stock Index reported by the reporting authority.\9\ RUT
options are options on the Russell 2000 Index.\10\ According to the
Exchange, the index underlying each of XSP and RUT options satisfies
the criteria of a broad-based index for the initial listing of options
on that index, as set forth in Rule 29.3(b). XSP and RUT options will
be subject to the maintenance listing standards set forth in Rule
29.3(c).\11\
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\8\ See proposed changes to Rule 29.11(a)(4) and Rule
29.11(a)(5)(B).
\9\ See proposed Interpretation and Policy .01 to Rule 29.11,
which states that the current index value of XSP options will be 1/
10th the value of the Standard & Poor's 500 Stock Index reported by
the reporting authority. The Exchange states that the S&P Dow Jones
Indices is the reporting authority for the Mini-SPX Index. See
proposed Interpretation and Policy .01 to Rule 29.2.
\10\ The Exchange states that the Frank Russell Company is the
reporting authority for the Russell 2000 Index. See proposed
Interpretation and Policy .01 to Rule 29.2.
\11\ In the event XSP or RUT options fails to satisfy the
maintenance listing standards set forth in Rule 29.3(c), the
Exchange states that it will not open for trading any additional
series of options of that class unless the continued listing of that
class of index options has been approved by the Commission under
Section 19(b)(2) of the Act. See Notice, supra note 3, at 42345, n.
4.
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As described more fully in the Notice and Amendment Nos. 1 and 3,
the Exchange has proposed rules related to the listing and trading of
XSP and RUT, including the minimum increments applicable to XSP \12\
and strike intervals applicable to both XSP and RUT.\13\ In addition,
the Exchange has proposed changes to its long-term index options
[[Page 49961]]
rules, including proposing to extend the maximum term to 180 months (15
years) \14\ and adding RUT to the list of indices on which the Exchange
may list reduced-value long-term options series.\15\ The proposed rule
change also modifies the Exchange's rules to describe the opening
process for index options,\16\ which the Exchange states will be the
same as the opening process for index options on C2 Exchange, Inc.
(``C2'').\17\ The Exchange also proposed rule changes to clarify the
applicability of certain provisions of its rules.\18\ Additionally, the
Exchange has proposed changes to its rules relating to trading
halts,\19\ the obvious error process,\20\ and listing additional
expiration months \21\ that are consistent with the rules of another
options exchange.\22\
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\12\ See proposed Rule 21.5, Interpretation and Policy .02. The
minimum increment for RUT will be as set forth in current Rule 21.5:
Five cents if the series is trading below $3.00, and ten cents if
the series is trading at or above $3.00. See Notice, supra note 3,
at 42345.
\13\ See proposed changes to Rule 29.11(c)(1) and (c)(5).
\14\ See proposed change to Rule 29.11(b)(1). The Exchange
represents that it has confirmed with the Options Clearing
Corporation (``OCC'') that OCC can configure its systems to support
long-term options contracts that have a maximum term of 180 months
(15 years). See Notice, supra note 3, at 42346.
\15\ See proposed change to Rule 29.11(b)(2). The Exchange
represents that the reduced-value long-term RUT series will be
subject to the same trading rules as long-term RUT series, except
the minimum strike price interval will be $2.50 for all series
regardless of the strike price. See Notice, supra note 3, at 42346.
The Exchange also states that for reduced-value long-term RUT
series, the underlying value will be computed at 10% of the value of
the Russell 2000 Index. See id.
\16\ See proposed changes to Rule 21.7.
\17\ See Notice, supra note 3, at 42348.
\18\ See proposed changes to Rules 29.11(b)(1)(A), 29.13(b);
proposed Rule 29.15.
\19\ See proposed changes to Rule 29.10(b).
\20\ See proposed changes to Rule 20.6(g) and (h).
\21\ See proposed Rule 29.11(i).
\22\ See Cboe Options Rule 6.42, Interpretation and Policy .03;
Cboe Options Rule 6.25(g) and (h); and Cboe Options Rule 24.9,
Interpretation and Policy .01(b).
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The Exchange represents it has an adequate surveillance program in
place for index options, and that it is a member of the Intermarket
Surveillance Group (``ISG'').\23\ Additionally, the Exchange represents
that has analyzed its capacity and believes that it and the Options
Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle the additional traffic associated with the listing
of XSP and RUT options up to the proposed number of possible
expirations and strike prices.\24\ The Exchange believes that any
additional traffic that would be generated from the introduction of XSP
and RUT options will be manageable, and that its Members will not have
a capacity issue as a result of this proposed rule change.\25\ The
Exchange also represents that it does not believe this expansion will
cause fragmentation of liquidity.\26\ The Exchange states that it will
monitor the trading volume associated with the additional options
series listed as a result of this proposed rule change and the effect
(if any) of these additional series on market fragmentation and on the
capacity of the Exchange's automated systems.\27\
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\23\ See Notice, supra note 3, at 42349-50.
\24\ Id. at 42350.
\25\ Id.
\26\ Id.
\27\ Id.
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The Exchange states that XSP and RUT options will be subject to the
margin requirements set forth in Chapter 28 and the position limits set
forth in Rule 29.5. Chapter 28 imposes the margin requirements of
either Cboe Options or the New York Stock Exchange on Exchange Options
Members. Similarly, Rule 29.5 imposes position (and exercise) limits
for broad-based index options of Cboe Options on Exchange Options
Members. XSP and RUT options are currently listed and traded on Cboe
Options, and the Exchange proposes that the same margin requirements
and position and exercise limits that apply to these products as traded
on Cboe Options will apply to these products when listed and traded on
the Exchange.\28\
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\28\ Id.
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III. Discussion and Commission's Findings
The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\29\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\30\ which requires, among other things,
that the rules of a national securities exchange be designed to promote
just and equitable principles of trade, 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.
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\29\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\30\ 15 U.S.C. 78f(b).
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The Commission believes that the Exchange's proposal gives options
investors the ability to make an additional investment choice in a
manner consistent with the requirements of Section 6(b)(5) of the
Act.\31\ The Commission notes that the Exchange represents that the
index underlying each of XSP and RUT options satisfies the criteria of
a broad-based index for the initial listing of options on that index in
Rule 29.3(b), which rule has previously been approved by the
Commission.\32\ In considering the proposed changes to the Exchange
rules related to the listing and trading of XSP and RUT, including the
rules related to minimum increments \33\ and strike price
intervals,\34\ the Commission notes that the proposed rules are
consistent with the rules of another exchange.\35\ In addition, the
Commission notes that the proposed rule changes related to long-term
options series,\36\ trading halts,\37\ the obvious error process,\38\
the opening process \39\ and listing additional expiration months \40\
are also consistent with the rules of other exchanges.\41\ The
Commission believes that the Exchange's proposal does not raise any
novel regulatory issues, as it is consistent with the rules of other
national securities exchanges previously approved by the Commission.
Finally, the Commission notes that certain of the Exchange's proposed
rule changes are intended to promote clarity about the applicability of
the Exchange's rules,\42\ thereby reducing any potential investor
confusion.
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\31\ 15 U.S.C. 78f(b)(5).
\32\ See Securities Exchange Act Release No. 75650 (August 7,
2015), 80 FR 48600 (August 13, 2015). Additionally, the Commission
notes that options on XSP and RUT will be subject to the maintenance
listing standards of Rule 29.3(c). The Exchange represents that in
the event XSP or RUT options fails to satisfy the maintenance
listing standards set forth herein, the Exchange will not open for
trading any additional series of options of that class unless the
continued listing of that class of index options has been approved
by the Commission under Section 19(b)(2) of the Exchange Act. See
Notice, supra note 3, at 42345, n. 4.
\33\ See proposed Rule 21.5, Interpretation and Policy .02.
\34\ See proposed Rule 29.11(c)(1) and (c)(5).
\35\ See Cboe Options Rule 6.42, Interpretation and Policy .03;
Cboe Options Rule 24.9. Interpretations and Policies .01(a), .11.
\36\ See proposed changes to Rule 29.11(b).
\37\ See proposed changes to Rule 29.10(b).
\38\ See proposed changes to Rule 20.6(g) and (h).
\39\ See proposed changes to Rule 21.7.
\40\ See proposed Rule 29.11(i).
\41\ See, e.g., Cboe Options Rule 24.9(b)(1); Cboe Options Rule
24.9, Interpretation and Policy .13; Cboe Options Rule 24,7(a); Phlx
Rule 1047A(c); Cboe Options Rule 6.25(g) and (h); C2 Rule
6.11(a)(2).
\42\ See, e.g., proposed changes to Rule 29.11(b)(1)(A); Rule
29.13; Rule 29.15.
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The Commission further believes that the Exchange's proposed
position and exercise limits, margin requirements and other aspects of
the proposed rule change related to the listing and trading of XSP and
RUT options are appropriate and consistent with the Act. In particular,
the Commission notes that the Exchange rules regarding position and
exercise limits and margin requirements incorporate by reference the
corresponding Cboe Options rules
[[Page 49962]]
which were previously approved by the Commission. The Commission notes
that the Exchange represents that it has an adequate surveillance
program in place for index options.\43\ Further, the Exchange is a
member of the ISG, which provides for the sharing of information and
the coordination of regulatory efforts among exchanges trading
securities and related products to address potential intermarket
manipulations and trading abuses.
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\43\ See Notice, supra note 3, at 42349-50.
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In approving the proposed rule change, the Commission has also
relied upon the Exchange's representation that it and OPRA have the
necessary systems capacity to support the new options series that will
result from this proposal, and that the Exchange will monitor the
trading volume associated with the additional options series listed as
a result of this proposed rule change and the effect (if any) of these
additional series on market fragmentation and on the capacity of the
Exchange's automated systems.\44\
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\44\ See id. at 42350.
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IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\45\ that the proposed rule change (SR-CboeEDGX-2018-035), as
modified by Amendment Nos. 1 and 3, be approved.
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\45\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\46\
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\46\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21486 Filed 10-2-18; 8:45 am]
BILLING CODE 8011-01-P