Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Chapter 22 of the Exchange's Rulebook, 16304-16309 [2019-07826]
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Mailbox@sec.gov.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
Dated: April 15, 2019.
Eduardo A. Aleman,
Deputy Secretary.
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
[FR Doc. 2019–07762 Filed 4–17–19; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–85642; File No. SR–
CboeBZX–2019–025]
Self-Regulatory Organizations; Cboe
BZX Exchange, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend
Chapter 22 of the Exchange’s
Rulebook
April15, 2019.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 8,
2019, Cboe BZX Exchange, Inc.
(‘‘Exchange’’ or ‘‘BZX’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III 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.
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
Cboe BZX Exchange, Inc. (the
‘‘Exchange’’ or ‘‘BZX Options’’)
proposes to amend Chapter 22 of the
Exchange’s rulebook. The text of the
proposed rule change is provided in
Exhibit 5. [sic]
The text of the proposed rule change
is also available on the Exchange’s
website (https://markets.cboe.com/us/
equities/regulation/rule_filings/bzx/), at
the Exchange’s Office of the Secretary,
and at the Commission’s Public
Reference Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
17:37 Apr 17, 2019
1. Purpose
The Exchange proposes to harmonize
its rules within Chapter 22 (Market
Participants) that pertain to Options
Market Maker requirements to that of its
affiliated exchange, Cboe C2 Exchange,
Inc. (‘‘C2’’).5 Specifically, the Exchange
proposes to conform its Rule 22.3
(Continuing Options Market Maker
Registration) to C2 Rule 8.2 (MarketMaker Class Appointments), which
allows for Market Makers to select a
class appointment. In doing so, the
Exchange also proposes to amend its
definition of ‘‘class of options’’ under
Rule 16.1 to be consistent with C2’s
definition under C2 Rule 1.1.
Additionally, the Exchange wishes to
amend language in Rules 22.2 (Options
Market Maker Registration), 22.4 (Good
Standing for Market Makers), 22.5
(Obligations of Market Makers) and 22.6
(Market Maker Quotations) to be
substantially similar to the language of
the corresponding rules within C2
Chapter 8 (Market Makers), retaining
only intended differences between it
and C2. The Exchange also proposes
other various non-substantive changes
to Rules 22.2 through 22.6 which will
serve to harmonize its rules with the
corresponding C2 rules, as well as
simplify or clarify its Market Maker
rules, delete duplicative rule provisions,
conform paragraph numbering and
lettering throughout the rules.
Additionally, the Exchange proposes a
substantive change to its current
continuous quoting requirement for
Market Makers under Rule 22.6(d),
which is described in detail below. This
proposed rule change to the continuous
5 The Exchange notes that its affiliated exchange,
Cboe EDGX Exchange, Inc. (‘‘EDGX Options’’) is
simultaneously proposing to harmonize its Options
Market Maker rules with that of C2.
2 17
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A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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quoting requirement is based on existing
Nasdaq PHLX LLC (‘‘Phlx’’), Nasdaq
ISE, LLC (‘‘ISE’’), Nasdaq MRX, LLC
(‘‘MRX’’) and Nasdaq GEMX, LLC
(‘‘GEMX’’) rules 6 previously filed with
the Commission. It also intends to
harmonize the proposed quoting
requirements across BZX Options and
its affiliated exchanges, C2 and Cboe
EDGX Exchange, Inc. (‘‘EDGX
Options’’).7 Overall, the Exchange
believes that having substantially the
same Market Maker rules and
requirements across exchanges will
reduce the compliance burden and
confusion for Market Makers that are
members of multiple exchanges.
In particular, the proposed rule
change amends Rule 22.2(c), which
permits the Exchange to impose limits
to the number of Members that may
become Market Makers based on
objective factors, including system
constraints and capacity restrictions.
Under the proposed rule, the Exchange
may not impose such limits until the
proposed limits and objective standards
for the limits are reviewed and
approved by the Commission. This
provision is the same as C2 Rule 8.1(c).
The proposed rule change adds Rule
22.2(d), which states that a Member or
prospective Member adversely affected
by an Exchange determination under
this Chapter 22, including the
Exchange’s termination or suspension of
a Member’s status as a Market Maker or
of a Market Maker’s appointment to a
class, may obtain a review of such
determination in accordance with the
provisions of Chapter 10 (Adverse
Action). The Exchange notes that
because the remaining rules in Chapter
22 contain various provisions that
permit the Exchange to make
determinations which would be subject
to review under Chapter 10, it is
appropriate to explicitly reference
Chapter 10 in proposed Rule 22.2(d),
applicable to the entire Chapter 22. This
provision is the same as C2 Rule 8.1(d).
The proposed rule change modifies
rule provisions throughout Chapter 22
to clarify the distinction between
Market Maker registration and
appointment. This harmonizes the
Exchange’s rules with the registration
and appointment requirement rules
under Chapter 8 of C2. In particular, an
6 See Phlx Rule 1081(c); ISE Rule 804(e); MRX
Rule 804(e); and GEMX Rule 804(e). See also
Securities Exchange Act Release No. 83209 (May
10, 2018), 83 FR 22717 (May 16, 2018) (SR–Phlx–
2018–22) (Order Granting Approval of Proposed
Rule Change to Amend Phlx’s Quoting
Requirements, Among Other Changes) (SR–Phlx–
2018–22).
7 The Exchange notes that C2 and EDGX Options
are simultaneously proposing the same continuous
quoting requirements.
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Options Member may already register as
a Market Maker pursuant to Rule
22.2(a). Proposed Rule 22.3(a) allows a
registered Market Maker to select
appointments to classes, rather than
registering 8 for a series. Under the
proposed class appointments, a Market
Maker obtains Market Maker treatment
by agreeing to and satisfying obligations
in its appointed classes. This proposed
change is consistent with C2 Rule 8.2(a).
The proposed rule change makes
corresponding changes to reflect the
application of Market Maker obligations
to appointed classes to Rule 22.4 (Good
Standing for Market Makers), Rule 22.5
(Obligations of Market Makers) and Rule
22.6 (Market Maker Quotations). The
proposed change also makes
corresponding changes within Rule
21.1(l) to reflect that a Market Maker
with an appointment in a class may
designate a bulk message for that class
as Post Only or Book Only, as well as
a reference to that same class regarding
User designation. This update is
consistent with C2’s corresponding Rule
6.8(c). The proposed rule change also
renames Rule 22.3 to be ‘‘Market Maker
Class Appointments’’, reflecting the fact
that the rule generally describes how, as
proposed, a Market Maker may obtain
appointments to classes, rather than
continuing Market Maker registration.
Under proposed Rule 22.3(b) Market
Makers may select their own class
appointments through the same
electronic interface process in which
they currently register for series of
options. This is the same appointment
process as prescribed in C2 Rule 8.2(b).
Proposed Rule 22.3(c) references the
Exchange’s ability to limit Market Maker
appointments pursuant to proposed
Rule 22.2(c), as described above. This
corresponds to C2 Rule 8.2(d). The
Exchange is not proposing to adopt a
provision that corresponds to C2 Rule
8.2(c), which provides that a ‘‘Market
Maker’s appointment in a class confers
the right of the Market Maker to quote
(using order functionality) in that
class’’, as BZX rules do not provide for
separate quoting functionality in an
appointed class. BZX offers order and
bulk message functionality (similar to
quoting functionality), which may be
used by all Users.9 Therefore, the
Exchange believes the adoption of this
paragraph to be unnecessary.
Additionally, the Exchange is not
8 The Exchange notes that the term ‘‘registering’’
to make markets in a series currently corresponds
to the manner in which C2 uses and applies the
term ‘‘appointment’’ to make markets in classes.
9 The Exchange notes that C2 is simultaneously
proposing to delete its Rule 8.2(c) as it has recently
implemented quoting functionality available to all
Users, including Market-Makers.
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proposing to adopt a provision that
corresponds to C2 Rule 8.3 (MarketMaker Class Appointment Costs), which
describes the appointment costs per
Trading Permit, as Trading Permits and
appointment costs are specific to C2 and
do not apply to BZX Options.
In order to provide for consistency
across the Exchange and C2 regarding
Market Maker obligations and
appointment to classes, the Exchange
proposes to amend its definitions under
Rule 16.1(a)(14) for the term ‘‘class of
options’’, and under Rule 16.1(a)(56) for
the term ‘‘series’’ or ‘‘series of options’’
to be the same as C2’s definitions.
Currently, the Exchange defines a class
of options as options of the same type.
Type is defined as either a put or a call.
However, the term class is generally
understood to include both puts and
calls, which are types of series, not
separate classes, making this definition
outdated. Specifically, it is understood
that options with the same exercise
price and expiration date that are puts
constitute one series, and options with
the same exercise price and expiration
date that are calls constitute another
series. The Exchange thus proposes to
amend the definition of class to mean
all options contracts with the same unit
of trading covering the same underlying
security or index. The proposed
amendment also adds that options may
cover an index, which are currently
provided for on the Exchange, and that
the term ‘‘class’’ may be used
interchangeably with ‘‘class of options’’
because references to ‘‘class’’ are already
made throughout the Exchange’s rules,
which inherently refers to ‘‘class of
options’’ as this definition pertains only
to activity on BZX Options. This
amended definition is consistent with
the definition of class under C2 Rule 1.1
(Definitions). The Exchange thus
believes that this change will serve to
provide clarity and reduce confusion
across the affiliated exchanges’ rules,
particularly regarding a Market Maker’s
understanding of its obligations to its
proposed appointed classes. In line with
this change, the Exchange also amends
its definition of ‘‘series of options’’ to
clarify that a series consists of options
of the same type, as described in detail
above. This is consistent with the
definition under C2 Rule 1.1.
The proposed rule change deletes
current Rule 22.4(a)(2), which states a
Market Maker must continue to satisfy
the Market Maker qualification
requirements specified by the Exchange.
The Exchange notes that this is
redundant of the language in
subparagraph (a)(1). Subparagraph (a)(1)
states that a Market Maker must
continue to meet the general
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requirements for Members set forth in
Chapter 2 and Market Maker
requirements set forth in Rule 22.2
(which is a proposed amendment
replacing reference to Rule 11.5 as Rule
22.2 covers BZX Options Market Maker
registration, relevant to Chapter 22,
whereas Rule 11.5 covers Market Maker
registration for BZX Equities). These are
generally the only requirements
applicable to qualify as a Market Maker.
C2 Rule 8.4(a) similarly does not
contain this provision. The proposed
changes to Rule 22.4(b) are nonsubstantive modifications that mirror
language in C2’s corresponding Rule 8.4
(Good Standing for Market-Makers). As
stated above, the proposed changes to
Rule 22.5 consist of amending language
to reflect a Market Maker’s class
appointment, rather than registration to
a series, as well as non-substantive
changes to reflect the language of C2
Rule 8.5.
Current Rule 22.6 (Market Maker
Quotations) describes requirements
applicable to Market Maker quotes. The
proposed rule change moves Rule
22.6(c) to proposed Rule 22.6(a), which
mirrors the order of corresponding
provisions under C2 Rule 8.6, and adds
exceptions to firm quotes under
proposed Rule 22.6(a) that are the same
as the exceptions under corresponding
C2 Rule 8.6(a). These proposed
exceptions to a Market Maker’s firm
quote include system malfunction,
unusual market conditions, and quotes
during the pre-open. The proposed rule
change adjusts the lettering of current
Rule 22.6(a) through Rule 22.6(b)
accordingly.
The Exchange also proposes to amend
a Market Maker’s continuous quoting
obligations under Rule 22.6 based on
existing Phlx, ISE, MRX and GEMX
rules,10 previously filed with the
Commission. The proposed
amendments to Rule 22.2(d) are
consistent with the continuous quoting
requirement provisions on other
exchanges.11 Specifically, current Rule
22.6(d)(1) provides that a Market Maker
must make markets on a continuous
basis in at least 75% of the option series
in which it is registered while current
Rule 22.6(d)(3) provides that a Market
Maker fulfills the requirement if the
Market Maker provides two-sided
quotes 90% of the time in an appointed
series on a given trading day, or such
higher percentage as the Exchange may
announce in advance. The proposed
rule change to 22.6(d) requires a Market
Maker to continuously enter bids and
offers in series in its appointed classes
10 See
supra note 6.
11 Id.
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in 60% of the cumulative number of
seconds, or such higher percentage as
the Exchange may announce in advance,
for which that Market Maker’s
appointed classes are open, excluding
any adjusted series, any intra-day addon series on the day during which such
series are added for trading, any
Quarterly Option Series and any series
with an expiration of greater than 270
days. Additionally, the proposed change
amends current subparagraph (d)(3)
(proposed paragraph (d)(1)) to provide
for the way in which the Exchange
calculates this requirement and is
explicit in stating that quoting is not
required in every appointed class. An
example of the proposed calculation is
presented below:
Market-Maker A (‘‘Firm A’’) 12 has
selected an appointment to quote option
class U, in which options U1, U2, U3,
U4, and U5 are open for trading. Firm
A also has selected appointments in
options classes V and W.
Option U1 opened at 09:30:00 13 and
closed at 16:00:00
Firm A quoted U1 at 09:35:30 @
13.00(10)–15.00(10)
Firm A updated quote in U1 at 09:50:31
@10.00(10)–15.00(20)
Firm A purged quote at 15:55:40
Total quoted time for U1 is: 15:55:40–
09:35:30 = (15–9)*3600 + (55–35)*60
+ (40–30) = 22810 (seconds)
Total available quote time for U1 is:
16:00:00–09:30:00 = (16–9)*3600 +
(60–30)*60 + (00–00) = 270000
(seconds)
Option U2 opened at 09:30:00 and
closed at 16:00:00
Firm A quoted U2 at 10:05:30 @
13.00(10)–15.00(10)
Firm A updated quote in U2 at 11:00:01
@11.00(10)–16.00(20)
Firm A purged quote at 15:05:40
Total quoted time for U2 is: 15:05:40–
10:05:30 = (15–10)*3600 + (65–05)*60
+ (40–30)= 21610 (seconds)
Total available quote time for U2 is:
16:00:00–09:30:00 = (16–9)*3600 +
(60–30)*60 + (00–00) = 27000
(seconds)
Option U3 opened at 09:30:00 and
closed at 16:15:00
Firm A quoted U3 at 11:10:21 @
21.00(10)–24.00(20)
Firm A purged quote at 15:15:05
Total quoted time for U3 is: 15:15:05–
11:10:21 = (15–11)*3600 + (75–10)*60
+ (65–21) = 18344 (seconds)
12 The Exchange notes that a Market-Maker may
use multiple Executing Firm IDs (‘‘EFIDs’’) to
submit quotes in a class. The quoting time from all
of a Market-Maker EFIDs’ will be considered
together when determining compliance with this
obligation.
13 All times in example calculation in Eastern
Time.
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Total available quote time for U3 is:
16:01:20–09:40:02 = (16–9)*3600 +
(75–30)*60 + (00–00) = 27900
(seconds)
Option U4 opened at 9:30:00 and closed
at 16:00:00
Firm A quoted U4 at 09:34:29 @
35.00(10)–37.00(10)
Firm A updated quote in U4 at 10:30:21
@31.00(10)–37.00(20)
Firm A purged quote in U4 at 15:59:34
Total quoted time for U4 is: 15:59:34–
09:34:29 = (15–09)*3600 + (59–34)*60
+ (34–29) = 23105 (seconds)
Total available quote time is: 16:00:00–
09:30:00 = (16–9)*3600 + (60–30)*60
+ (00–0) = 27000 (seconds)
Option U5 opened at 9:30:00 and closed
at 16:00:00
Firm A did not quote U5 thus, the total
quoted time for U5 will be: 0
(seconds)
Total available quote time is: 16:00:00–
09:30:00 = (16–9)*3600 + (60–30)*60
+ (00–00) = 27000 (seconds)
Total time Firm A quoted class U: 22810
+ 21610 + 18344 + 23105 + 0 = 85869
(seconds)
Total eligible quoting time for Firm A
on class U: 27000 + 27000 + 27900 +
27000 + 27000 = 135900 (seconds)
Similarly assume:
Total time for Firm A quoted class V:
80983(seconds)
Total eligible quoting time for Firm A
on class V: 84515 (seconds)
Total time for Firm A quoted class W:
0(seconds)
Total eligible quoting time for Firm A
on underlying W: 46513 (seconds)
Then the total quoting percentage for
Firm A is: (85869 + 80983 + 0)/
(135900 + 84515 + 46513) = 156852/
266928 = 62.5%
As stated, the current rule requires a
Market Maker to quote 75% of the series
in which it is registered for 90% of each
trading day. By comparison, the
proposed rule change permits a Market
Maker to quote any percentage of
appointed classes so long as the Market
Maker meets the requirement that it
enters quotes aggregating 60% of the
cumulative seconds across the total
seconds that its appointment classes are
open for trading. The proposed rule
explicitly provides that a Market Maker
does not necessarily have to quote every
appointed class. The Exchange believes
the proposed rule better accommodates
the occasional issues that may arise in
a particular class, whether technical or
manual. For example, an issue may arise
on the Market Maker’s side in which
there is a glitch in its systems or a
manual computing error that
temporarily disrupts quoting ability.
The Exchange notes that the existing
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requirement may at times discourage
liquidity in particular classes because a
Market Maker is forced to focus on a
momentary technical lapse in order to
meet the higher current thresholds,
rather than using the appropriate
resources to focus on the classes that
need and consume additional liquidity.
The proposed rule maintains the
language (currently in subparagraph
(b)(3)) that the Exchange may announce
in advance a higher percentage than the
proposed 60% of the cumulative
number of seconds requirement, which
the Exchange believes may be
appropriate on occasions when doing so
would be in the interest of a fair and
orderly market. This discretion is the
same in the corresponding rules of Phlx,
ISE, MRX, and GEMX.14
The proposed rule change also moves
the continuous quoting obligation
provisions to the introduction of Rule
22.6(d) from current subparagraphs
(d)(1) and (d)(3) and the same quoting
exclusions from subparagraph (d)(6). As
such, the proposed rule change deletes
the language in current subparagraph
(d)(3) regarding the current continuous
quoting obligation, the language in
subparagraph (d)(6) regarding series
excluded, as well as the remaining
language in subparagraph (d)(6) which
is consistent with C2 Rule 8.6.
Additionally, the proposed rule change
incorporates the exclusion of any intraday add-on series on the day during
which such series are added for trading.
This exclusion is consistent with
corresponding C2 Rule 8.6. The
proposed change also amends the
current quoting exclusion of any series
with an expiration of nine months or
greater to an expiration of greater than
270 days. The Exchange notes that
Market Makers generally already
monitor expirations by a defined count
of 270 days, as opposed to a nine month
count in which the number of days
continuously varies. Therefore, this
proposed change intends to align the
Exchange’s rules with current industry
practice.15
Furthermore, the proposed rule
change deletes the language in current
subparagraph (d)(3) (proposed
subparagraph (d)(1)), which states that a
Market Maker shall be deemed to have
fulfilled the continuous quoting
requirement if the Market Maker
provides quotes for the percentage of the
time that it is required to provide quotes
on a given trading day, as it is
14 See
supra note 6.
Exchange notes that C2 and EDGX Options
are simultaneously proposing to amend their
corresponding rules to exclude any series with an
expiration of greater than 270 days.
15 The
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redundant of the language in proposed
Rule 22.6(d). The proposed rule change
also makes non-substantive changes to
the remaining language in proposed
subparagraph (d)(1) to conform with
corresponding C2 Rule 8.6(d)(2), and
modifies language in proposed
subparagraphs (d)(2) and (d)(3) (current
subparagraphs (d)(4) and (d)(5)) to
reflect the form and substance in that of
corresponding C2 Rules 8.6(d)(1) and
8.6(d)(4), as well as the proposed
continuous quoting percentage
obligation where applicable.
Additionally, the proposed rule change
moves current subparagraph (d)(2) to
proposed Rule 22.6(e), and current Rule
22.6(e) to proposed Rule 22.6(f). The
revised language and paragraph lettering
mirrors that of C2 corresponding Rule
8.6(e) and Rule 8.6(f).
As proposed, the Exchange’s Market
Maker requirements and quoting
obligations are substantially the same as
current C2 Market-Maker requirements
and obligations. Importantly, the
proposed change incorporates C2’s
Chapter 8 Market Maker obligations to
an appointed class, in lieu of the current
registration to a series. Additionally, the
Exchange amends its continuous
quoting requirements to be substantially
similar to the requirements under other
exchanges’ rules.16 The Exchange
believes that proposed amendments to
its quoting requirements are reasonable
because these requirements are already
in place on other options exchanges.17
The Exchange notes that the proposed
change to continuous quoting
requirements creates a clear, affirmative
Market Maker obligation to hold
themselves out as willing to buy and
sell securities for their own account on
a continuous basis, which justifies
favorable Market Maker treatment and
will continue to provide customer
trading interest a net benefit. The
Exchange further believes having
consistent Market Maker requirements
and obligations in the BZX and C2
Rules, as well as with other exchanges,
will simplify the regulatory
requirements for its Members that are
active across multiple exchanges.
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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.18 Specifically,
the Exchange believes the proposed rule
change is consistent with the Section
6(b)(5) 19 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) 20 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 will
contribute to the protection of investors
and the public interest by having rules
related to Market Maker registration,
appointments, and obligations
consistent among BZX Options and its
affiliated exchanges, C2 and EDGX
Options,21 as well as by bolstering
participants’ collective understanding of
the Exchange’s rules and the rules of its
affiliated exchanges. The proposed rule
change makes a clear distinction
between Market Maker registration and
appointments to classes in which they
are obligated to make markets, and
aligns the Exchange Rules with the
corresponding C2 rules. The Exchange
notes that this proposed change to have
Market Maker class appointments rather
than series appointments does not
propose new Market Maker obligations
as Market Makers currently quote most
series of options within a class.
Therefore, the Exchanges believes the
proposed change will not significantly
alter Market Maker obligations nor
impose any significant additional
burden. The Exchange believes the
proposed appointment to classes, along
with the amended definitions of class
and series, promotes consistency in
Market Maker obligations and
understanding of the rules across BZX
Options and its affiliated exchange,
C2.22 The Exchange believes this will
result in greater uniformity and less
burdensome regulatory compliance. As
such, the Exchange believes maintaining
uniformity in class and series
18 15
16 See
19 15
17 See
20 Id.
supra note 6.
supra note 7. The same quoting
requirements will be incorporated into C2 and
EDGX Options rules.
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supra note 5 and note 7.
well as EDGX Options. See supra note 5.
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supra note 6.
also Exchange Rule 22.6(d)(4) (proposed
Rule 22.6(d)(2)). The Exchange already accounts for
technical failure or limitation due to the automated
system for order execution and trade reporting
owned and operated by the Exchange (‘‘System’’).
24 See
21 See
22 As
definitions, Market Maker class
appointments and their obligations to
such appointments will foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities and will
remove impediments to and perfect the
mechanism of a free and open market
and a national market system.
The Exchange believes the proposed
rule change to amend Market Makers’
continuous quoting obligations will
remove impediments to and perfect the
mechanism of a free and open market
and a national market system. With
respect to continuous quoting
obligations, the proposed rule change
seeks to conform the quoting obligations
to that of the rules of other exchanges.23
The Exchange currently requires a
Market Maker to quote in at least 75%
the options series in which the Market
Maker is registered during 90% of the
trading day. The Exchange believes that
applying a Market Maker’s cumulative
quoting time to the Market Maker’s
aggregate appointed classes to meet a
threshold of 60% of the cumulative
seconds its appointed classes are open
for trading (like that of the current
requirements on other exchanges) is less
stringent than the Exchange’s current
requirement because of the lower
quoting time threshold and because the
proposed requirement does not consider
a percentage of its appointed classes, so
long as the overall 60% time
requirement is met. Further, the
Exchange notes that the current
continuous quoting requirement
potentially discourages liquidity at
times when a Market Maker is forced to
focus on making up for a momentary
lapse in a particular class rather than
allocating appropriate resources to focus
on the classes that need and consume
additional liquidity, and then allowing
a Market Maker to continue quoting in
the class that experienced a lapse after
correcting the applicable issue.24 The
Exchange believes that this rule change
better accommodates these occasional
lapses, whether technical or manual,
and enables a Market Maker to provide
appropriate liquidity commensurate
with the needs of its appointed classes.
Moreover, the Exchange believes that it
can better attract Market Makers, add
liquidity, and grow its market to the
benefit of all investors, if its quoting
obligation is more aligned with that of
other exchanges. The proposed rule
change supports the quality of the
23 See
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
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Exchange’s market by helping to ensure
that Market Makers will continue to be
obligated to quote in a percentage of
their appointed classes. Ultimately, the
benefit the proposed rule change confers
upon Market Makers is offset by the
continued responsibilities to provide
significant liquidity to its appointed
classes to the benefit of all market
participants. The Exchange believes that
the proposed change to continuous
quoting requirements creates a clear,
affirmative Market Maker obligation to
hold themselves out as willing to buy
and sell securities for their own account
on a continuous basis, which justifies
favorable Market Maker treatment and
will continue to provide customer
trading interest a net benefit. The
Exchange further notes that the
proposed rule text is consistent with the
Act because the quoting obligations are
substantially the same as quoting
obligations on Phlx, ISE, MRX, and
GEMX today, previously filed with the
Commission.25 Additionally, the
Exchange believes the proposed rule
change excluding any series with an
expiration greater than 270 days, as
opposed to nine months or greater, from
a Market Maker’s quoting obligations is
in line with the way in which Market
Makers currently monitor expiration. As
a result, the Exchange believes that this
change will foster cooperation and
coordination with persons engaged in
regulating securities, as well as
facilitating transactions in securities.
The proposed change will reduce
confusion by codifying an industry
practice already in place and
harmonizing expiration time across the
Exchange and its affiliated exchanges.26
The Exchange also notes that the
proposed changes are reasonable and do
not affect investor protection because
the proposed changes do not present
any novel or unique issues, as they have
either been previously filed with the
Commission or are codifying an
industry practice currently in place.
To the extent a proposed rule change
within Chapter 22 is based on an
existing C2 rule within C2 Chapter 8,
the language of the Exchange rules and
C2 rules may differ where necessary to
conform to existing Exchange rule text
or to account for details or descriptions
included in the Exchange’s rules but not
in the applicable C2 rules. Where
possible, the Exchange has substantively
mirrored C2 rules, as it believes
consistent rules will simplify the
regulatory requirements and increase
the understanding of the Exchange’s
operations for Members that are also
participants on C2, as well as on EDGX
Options, which is simultaneously
proposing the same changes. The
proposed rule change will provide
greater harmonization between the rules
of BZX Options and its affiliated
exchanges,27 resulting in greater
uniformity and less burdensome and
more efficient regulatory compliance.
As such, the proposed rule change will
foster cooperation and coordination
with persons engaged in facilitating
transactions in securities and will
remove impediments to and perfect the
mechanism of a free and open market
and a national market system.
The Exchange also believes that the
proposed amendments will contribute
to the protection of investors and the
public interest by making the
Exchange’s rules easier to understand,
standing alone and collectively with its
affiliated exchanges’ rules.28 In
addition, the proposed rule change
makes other non-substantive changes
throughout the rules that will protect
investors and benefit market
participants, as these changes simplify
or clarify rules, delete duplicative rule
provisions, conform paragraph
numbering and lettering throughout the
rules, use plain English, and conform
language to corresponding C2 rules
where feasible.
Additionally, the Exchange believes
the proposed rule change is consistent
with Section 6(b)(1) of the Act,29 which
provides that the Exchange be organized
and have the capacity to be able to carry
out the purposes of the Act and to
enforce compliance by the Exchange’s
Members and persons associated with
its Members with the Act, the rules and
regulations thereunder, and the rules of
the Exchange. As stated, the proposed
rule change conforms its Options
Market Maker rules to be substantially
similar to the Market Maker rules of its
affiliated exchange, C2. Moreover, the
proposed change to a Market Maker’s
continuous quoting requirements will
serve to harmonize the quoting
requirement for Market Makers across
its affiliated exchanges, C2 and EDGX
Options that are also proposing the
same requirements. The Exchange thus
believes these proposed changes create
uniformity, which allows for the
Exchange to organize consistently with
its affiliated exchanges and to more
easily enforce compliance by
participants on the multiple affiliated
exchanges.
27 See
25 See
supra note 6.
26 See supra note 12.
VerDate Sep<11>2014
17:37 Apr 17, 2019
supra note 5.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange reiterates that a majority of
the proposed rule change is intended to
harmonize the Exchange rules with that
of its affiliated exchange, C2. Thus, the
Exchange believes this proposed rule
change will reduce the burden on
Exchange participants by providing
consistent rules among affiliated
exchanges. The harmonizing proposed
rule changes in this filing conform to
the approved rules of C2, which have
already been found to be consistent with
the Act.
Additionally, the Exchange believes
that the proposed rule change to a
Market Maker’s continuous quoting
requirements does not affect intramarket
competition. The proposed change
applies an affirmative obligation to all
Market Makers to hold themselves out
as continuously willing to buy and sell
options for their own account, justifying
favorable treatment and benefitting the
trading interest of all customers. The
Exchange believes that the proposed
change to continuous quoting
requirements does not affect intermarket
competition, as this proposal is based
on other exchanges’ rules previously
filed with the Commission.30 The
Exchange also notes that to the degree
that other exchanges have varying
continuous quoting obligations for
Market Makers, market participants on
other exchanges are welcome to become
Options Market Makers on BZX Options
if they determine that this proposed rule
change has made market making on
BZX Options more attractive or
favorable. Finally, the Exchange
believes that the proposed rule change
will relieve any burden on market
participants because it serves to provide
Market Makers with affirmative quoting
requirements that ensure each
appointed class will receive appropriate
liquidity to the benefit of all market
participants who interact with that
liquidity.
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.
28 Id.
29 15
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not:
A. Significantly affect the protection
of investors or the public interest;
B. impose any significant burden on
competition; and
C. become operative for 30 days from
the date on which it was filed, or such
shorter time as the Commission may
designate, it has become effective
pursuant to Section 19(b)(3)(A) of the
Act 31 and Rule 19b–4(f)(6) 32
thereunder. At any time within 60 days
of the filing of the proposed rule change,
the Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission will institute proceedings
to determine whether the proposed rule
change 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:
jbell on DSK30RV082PROD with NOTICES
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–
CboeBZX–2019–025 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR-CboeBZX–2019–025. 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
31 15
32 17
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
VerDate Sep<11>2014
17:37 Apr 17, 2019
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–CboeBZX–2019–025 and
should be submitted on or before May
9, 2019.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.33
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019–07826 Filed 4–17–19; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice: 10737]
Extension of Waiver of Section 907 of
the Freedom Support Act With Respect
to Assistance to the Government of
Azerbaijan
Pursuant to the authority contained in
title II of the Foreign Operations, Export
Financing, and Related Programs
Appropriations Act, 2002 (Pub. L. 107–
115); E.O. 12884, as amended by E.O.
13346; and Department of State
Delegation of Authority 245–2, I hereby
determine and certify that extending the
waiver of section 907 of the FREEDOM
Support Act of 1992 (22 U.S.C. 5812
note) with respect to Azerbaijan:
• Is necessary to support United
States’ efforts to counter international
terrorism; or
• is necessary to support the
operational readiness of U.S. Armed
Forces or coalition partners to counter
international terrorism; or
• is important to Azerbaijan’s border
security; and
• will not undermine or hamper
ongoing efforts to negotiate a peaceful
33 17
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settlement between Armenia and
Azerbaijan or be used for offensive
purposes against Armenia.
Accordingly, I hereby extend the
waiver of section 907 of the FREEDOM
Support Act. This determination shall
be published in the Federal Register.
The determination and memorandum of
justification shall be provided to the
appropriate committees in Congress.
Dated March 22, 2019.
John J. Sullivan,
Deputy Secretary of State.
[FR Doc. 2019–07734 Filed 4–17–19; 8:45 am]
BILLING CODE 4710–23–P
DEPARTMENT OF STATE
[Public Notice: 10734]
Industry Advisory Group; Notice of
Open Meeting
The Industry Advisory Group (IAG) of
the Bureau of Overseas Buildings
Operations (OBO) will meet on
Tuesday, May 14 from 2:00 p.m. until
4:00 p.m. Eastern Daylight Time. The
meeting is open to the public and will
be held in the Loy Henderson
Conference Room of the U.S.
Department of State, located at 2201 C
Street NW (entrance on 23rd Street)
Washington, DC. For logistical and
security reasons, the public must enter
and exit the building using only the
23rd Street entrance.
This committee serves the U.S.
government in a solely advisory
capacity concerning industry and
academia’s latest concepts, methods,
best practices, innovations, and ideas
related to OBO’s mission to provide
safe, secure, and functional facilities
that represent the U.S. government to
the host nation and support our staff in
the achievement of U.S. foreign policy
objectives.
The majority of the meeting will be
devoted to discussions between the
Department’s senior management and
IAG representatives with respect to
industry and academia’s latest concepts,
methods, best practices, innovations
and ideas related to property
management that are applicable to
OBO’s vital mission. Reasonable time
will be provided for members of the
public to provide comment.
Admittance to the State Department
building will be by means of a prearranged clearance list. In order to
register, you must provide the following
information via email to IAGR@
state.gov: First and last name, company/
firm name (if applicable), date of birth,
country of citizenship, and the number,
issuing country/state associated with a
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[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16304-16309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07826]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-85642; File No. SR-CboeBZX-2019-025]
Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Chapter 22 of the Exchange's Rulebook
April15, 2019.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 8, 2019, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III 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
Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX Options'')
proposes to amend Chapter 22 of the Exchange's rulebook. The text of
the proposed rule change is provided in Exhibit 5. [sic]
The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to harmonize its rules within Chapter 22
(Market Participants) that pertain to Options Market Maker requirements
to that of its affiliated exchange, Cboe C2 Exchange, Inc. (``C2'').\5\
Specifically, the Exchange proposes to conform its Rule 22.3
(Continuing Options Market Maker Registration) to C2 Rule 8.2 (Market-
Maker Class Appointments), which allows for Market Makers to select a
class appointment. In doing so, the Exchange also proposes to amend its
definition of ``class of options'' under Rule 16.1 to be consistent
with C2's definition under C2 Rule 1.1. Additionally, the Exchange
wishes to amend language in Rules 22.2 (Options Market Maker
Registration), 22.4 (Good Standing for Market Makers), 22.5
(Obligations of Market Makers) and 22.6 (Market Maker Quotations) to be
substantially similar to the language of the corresponding rules within
C2 Chapter 8 (Market Makers), retaining only intended differences
between it and C2. The Exchange also proposes other various non-
substantive changes to Rules 22.2 through 22.6 which will serve to
harmonize its rules with the corresponding C2 rules, as well as
simplify or clarify its Market Maker rules, delete duplicative rule
provisions, conform paragraph numbering and lettering throughout the
rules. Additionally, the Exchange proposes a substantive change to its
current continuous quoting requirement for Market Makers under Rule
22.6(d), which is described in detail below. This proposed rule change
to the continuous quoting requirement is based on existing Nasdaq PHLX
LLC (``Phlx''), Nasdaq ISE, LLC (``ISE''), Nasdaq MRX, LLC (``MRX'')
and Nasdaq GEMX, LLC (``GEMX'') rules \6\ previously filed with the
Commission. It also intends to harmonize the proposed quoting
requirements across BZX Options and its affiliated exchanges, C2 and
Cboe EDGX Exchange, Inc. (``EDGX Options'').\7\ Overall, the Exchange
believes that having substantially the same Market Maker rules and
requirements across exchanges will reduce the compliance burden and
confusion for Market Makers that are members of multiple exchanges.
---------------------------------------------------------------------------
\5\ The Exchange notes that its affiliated exchange, Cboe EDGX
Exchange, Inc. (``EDGX Options'') is simultaneously proposing to
harmonize its Options Market Maker rules with that of C2.
\6\ See Phlx Rule 1081(c); ISE Rule 804(e); MRX Rule 804(e); and
GEMX Rule 804(e). See also Securities Exchange Act Release No. 83209
(May 10, 2018), 83 FR 22717 (May 16, 2018) (SR-Phlx-2018-22) (Order
Granting Approval of Proposed Rule Change to Amend Phlx's Quoting
Requirements, Among Other Changes) (SR-Phlx-2018-22).
\7\ The Exchange notes that C2 and EDGX Options are
simultaneously proposing the same continuous quoting requirements.
---------------------------------------------------------------------------
In particular, the proposed rule change amends Rule 22.2(c), which
permits the Exchange to impose limits to the number of Members that may
become Market Makers based on objective factors, including system
constraints and capacity restrictions. Under the proposed rule, the
Exchange may not impose such limits until the proposed limits and
objective standards for the limits are reviewed and approved by the
Commission. This provision is the same as C2 Rule 8.1(c). The proposed
rule change adds Rule 22.2(d), which states that a Member or
prospective Member adversely affected by an Exchange determination
under this Chapter 22, including the Exchange's termination or
suspension of a Member's status as a Market Maker or of a Market
Maker's appointment to a class, may obtain a review of such
determination in accordance with the provisions of Chapter 10 (Adverse
Action). The Exchange notes that because the remaining rules in Chapter
22 contain various provisions that permit the Exchange to make
determinations which would be subject to review under Chapter 10, it is
appropriate to explicitly reference Chapter 10 in proposed Rule
22.2(d), applicable to the entire Chapter 22. This provision is the
same as C2 Rule 8.1(d).
The proposed rule change modifies rule provisions throughout
Chapter 22 to clarify the distinction between Market Maker registration
and appointment. This harmonizes the Exchange's rules with the
registration and appointment requirement rules under Chapter 8 of C2.
In particular, an
[[Page 16305]]
Options Member may already register as a Market Maker pursuant to Rule
22.2(a). Proposed Rule 22.3(a) allows a registered Market Maker to
select appointments to classes, rather than registering \8\ for a
series. Under the proposed class appointments, a Market Maker obtains
Market Maker treatment by agreeing to and satisfying obligations in its
appointed classes. This proposed change is consistent with C2 Rule
8.2(a). The proposed rule change makes corresponding changes to reflect
the application of Market Maker obligations to appointed classes to
Rule 22.4 (Good Standing for Market Makers), Rule 22.5 (Obligations of
Market Makers) and Rule 22.6 (Market Maker Quotations). The proposed
change also makes corresponding changes within Rule 21.1(l) to reflect
that a Market Maker with an appointment in a class may designate a bulk
message for that class as Post Only or Book Only, as well as a
reference to that same class regarding User designation. This update is
consistent with C2's corresponding Rule 6.8(c). The proposed rule
change also renames Rule 22.3 to be ``Market Maker Class
Appointments'', reflecting the fact that the rule generally describes
how, as proposed, a Market Maker may obtain appointments to classes,
rather than continuing Market Maker registration. Under proposed Rule
22.3(b) Market Makers may select their own class appointments through
the same electronic interface process in which they currently register
for series of options. This is the same appointment process as
prescribed in C2 Rule 8.2(b). Proposed Rule 22.3(c) references the
Exchange's ability to limit Market Maker appointments pursuant to
proposed Rule 22.2(c), as described above. This corresponds to C2 Rule
8.2(d). The Exchange is not proposing to adopt a provision that
corresponds to C2 Rule 8.2(c), which provides that a ``Market Maker's
appointment in a class confers the right of the Market Maker to quote
(using order functionality) in that class'', as BZX rules do not
provide for separate quoting functionality in an appointed class. BZX
offers order and bulk message functionality (similar to quoting
functionality), which may be used by all Users.\9\ Therefore, the
Exchange believes the adoption of this paragraph to be unnecessary.
Additionally, the Exchange is not proposing to adopt a provision that
corresponds to C2 Rule 8.3 (Market-Maker Class Appointment Costs),
which describes the appointment costs per Trading Permit, as Trading
Permits and appointment costs are specific to C2 and do not apply to
BZX Options.
---------------------------------------------------------------------------
\8\ The Exchange notes that the term ``registering'' to make
markets in a series currently corresponds to the manner in which C2
uses and applies the term ``appointment'' to make markets in
classes.
\9\ The Exchange notes that C2 is simultaneously proposing to
delete its Rule 8.2(c) as it has recently implemented quoting
functionality available to all Users, including Market-Makers.
---------------------------------------------------------------------------
In order to provide for consistency across the Exchange and C2
regarding Market Maker obligations and appointment to classes, the
Exchange proposes to amend its definitions under Rule 16.1(a)(14) for
the term ``class of options'', and under Rule 16.1(a)(56) for the term
``series'' or ``series of options'' to be the same as C2's definitions.
Currently, the Exchange defines a class of options as options of the
same type. Type is defined as either a put or a call. However, the term
class is generally understood to include both puts and calls, which are
types of series, not separate classes, making this definition outdated.
Specifically, it is understood that options with the same exercise
price and expiration date that are puts constitute one series, and
options with the same exercise price and expiration date that are calls
constitute another series. The Exchange thus proposes to amend the
definition of class to mean all options contracts with the same unit of
trading covering the same underlying security or index. The proposed
amendment also adds that options may cover an index, which are
currently provided for on the Exchange, and that the term ``class'' may
be used interchangeably with ``class of options'' because references to
``class'' are already made throughout the Exchange's rules, which
inherently refers to ``class of options'' as this definition pertains
only to activity on BZX Options. This amended definition is consistent
with the definition of class under C2 Rule 1.1 (Definitions). The
Exchange thus believes that this change will serve to provide clarity
and reduce confusion across the affiliated exchanges' rules,
particularly regarding a Market Maker's understanding of its
obligations to its proposed appointed classes. In line with this
change, the Exchange also amends its definition of ``series of
options'' to clarify that a series consists of options of the same
type, as described in detail above. This is consistent with the
definition under C2 Rule 1.1.
The proposed rule change deletes current Rule 22.4(a)(2), which
states a Market Maker must continue to satisfy the Market Maker
qualification requirements specified by the Exchange. The Exchange
notes that this is redundant of the language in subparagraph (a)(1).
Subparagraph (a)(1) states that a Market Maker must continue to meet
the general requirements for Members set forth in Chapter 2 and Market
Maker requirements set forth in Rule 22.2 (which is a proposed
amendment replacing reference to Rule 11.5 as Rule 22.2 covers BZX
Options Market Maker registration, relevant to Chapter 22, whereas Rule
11.5 covers Market Maker registration for BZX Equities). These are
generally the only requirements applicable to qualify as a Market
Maker. C2 Rule 8.4(a) similarly does not contain this provision. The
proposed changes to Rule 22.4(b) are non-substantive modifications that
mirror language in C2's corresponding Rule 8.4 (Good Standing for
Market-Makers). As stated above, the proposed changes to Rule 22.5
consist of amending language to reflect a Market Maker's class
appointment, rather than registration to a series, as well as non-
substantive changes to reflect the language of C2 Rule 8.5.
Current Rule 22.6 (Market Maker Quotations) describes requirements
applicable to Market Maker quotes. The proposed rule change moves Rule
22.6(c) to proposed Rule 22.6(a), which mirrors the order of
corresponding provisions under C2 Rule 8.6, and adds exceptions to firm
quotes under proposed Rule 22.6(a) that are the same as the exceptions
under corresponding C2 Rule 8.6(a). These proposed exceptions to a
Market Maker's firm quote include system malfunction, unusual market
conditions, and quotes during the pre-open. The proposed rule change
adjusts the lettering of current Rule 22.6(a) through Rule 22.6(b)
accordingly.
The Exchange also proposes to amend a Market Maker's continuous
quoting obligations under Rule 22.6 based on existing Phlx, ISE, MRX
and GEMX rules,\10\ previously filed with the Commission. The proposed
amendments to Rule 22.2(d) are consistent with the continuous quoting
requirement provisions on other exchanges.\11\ Specifically, current
Rule 22.6(d)(1) provides that a Market Maker must make markets on a
continuous basis in at least 75% of the option series in which it is
registered while current Rule 22.6(d)(3) provides that a Market Maker
fulfills the requirement if the Market Maker provides two-sided quotes
90% of the time in an appointed series on a given trading day, or such
higher percentage as the Exchange may announce in advance. The proposed
rule change to 22.6(d) requires a Market Maker to continuously enter
bids and offers in series in its appointed classes
[[Page 16306]]
in 60% of the cumulative number of seconds, or such higher percentage
as the Exchange may announce in advance, for which that Market Maker's
appointed classes are open, excluding any adjusted series, any intra-
day add-on series on the day during which such series are added for
trading, any Quarterly Option Series and any series with an expiration
of greater than 270 days. Additionally, the proposed change amends
current subparagraph (d)(3) (proposed paragraph (d)(1)) to provide for
the way in which the Exchange calculates this requirement and is
explicit in stating that quoting is not required in every appointed
class. An example of the proposed calculation is presented below:
---------------------------------------------------------------------------
\10\ See supra note 6.
\11\ Id.
---------------------------------------------------------------------------
Market-Maker A (``Firm A'') \12\ has selected an appointment to
quote option class U, in which options U1, U2, U3, U4, and U5 are open
for trading. Firm A also has selected appointments in options classes V
and W.
---------------------------------------------------------------------------
\12\ The Exchange notes that a Market-Maker may use multiple
Executing Firm IDs (``EFIDs'') to submit quotes in a class. The
quoting time from all of a Market-Maker EFIDs' will be considered
together when determining compliance with this obligation.
Option U1 opened at 09:30:00 \13\ and closed at 16:00:00
---------------------------------------------------------------------------
\13\ All times in example calculation in Eastern Time.
---------------------------------------------------------------------------
Firm A quoted U1 at 09:35:30 @13.00(10)-15.00(10)
Firm A updated quote in U1 at 09:50:31 @10.00(10)-15.00(20)
Firm A purged quote at 15:55:40
Total quoted time for U1 is: 15:55:40-09:35:30 = (15-9)*3600 + (55-
35)*60 + (40-30) = 22810 (seconds)
Total available quote time for U1 is: 16:00:00-09:30:00 = (16-9)*3600 +
(60-30)*60 + (00-00) = 270000 (seconds)
Option U2 opened at 09:30:00 and closed at 16:00:00
Firm A quoted U2 at 10:05:30 @13.00(10)-15.00(10)
Firm A updated quote in U2 at 11:00:01 @11.00(10)-16.00(20)
Firm A purged quote at 15:05:40
Total quoted time for U2 is: 15:05:40-10:05:30 = (15-10)*3600 + (65-
05)*60 + (40-30)= 21610 (seconds)
Total available quote time for U2 is: 16:00:00-09:30:00 = (16-9)*3600 +
(60-30)*60 + (00-00) = 27000 (seconds)
Option U3 opened at 09:30:00 and closed at 16:15:00
Firm A quoted U3 at 11:10:21 @21.00(10)-24.00(20)
Firm A purged quote at 15:15:05
Total quoted time for U3 is: 15:15:05-11:10:21 = (15-11)*3600 + (75-
10)*60 + (65-21) = 18344 (seconds)
Total available quote time for U3 is: 16:01:20-09:40:02 = (16-9)*3600 +
(75-30)*60 + (00-00) = 27900 (seconds)
Option U4 opened at 9:30:00 and closed at 16:00:00
Firm A quoted U4 at 09:34:29 @35.00(10)-37.00(10)
Firm A updated quote in U4 at 10:30:21 @31.00(10)-37.00(20)
Firm A purged quote in U4 at 15:59:34
Total quoted time for U4 is: 15:59:34-09:34:29 = (15-09)*3600 + (59-
34)*60 + (34-29) = 23105 (seconds)
Total available quote time is: 16:00:00-09:30:00 = (16-9)*3600 + (60-
30)*60 + (00-0) = 27000 (seconds)
Option U5 opened at 9:30:00 and closed at 16:00:00
Firm A did not quote U5 thus, the total quoted time for U5 will be: 0
(seconds)
Total available quote time is: 16:00:00-09:30:00 = (16-9)*3600 + (60-
30)*60 + (00-00) = 27000 (seconds)
Total time Firm A quoted class U: 22810 + 21610 + 18344 + 23105 + 0 =
85869 (seconds)
Total eligible quoting time for Firm A on class U: 27000 + 27000 +
27900 + 27000 + 27000 = 135900 (seconds)
Similarly assume:
Total time for Firm A quoted class V: 80983(seconds)
Total eligible quoting time for Firm A on class V: 84515 (seconds)
Total time for Firm A quoted class W: 0(seconds)
Total eligible quoting time for Firm A on underlying W: 46513 (seconds)
Then the total quoting percentage for Firm A is: (85869 + 80983 + 0)/
(135900 + 84515 + 46513) = 156852/266928 = 62.5%
As stated, the current rule requires a Market Maker to quote 75% of
the series in which it is registered for 90% of each trading day. By
comparison, the proposed rule change permits a Market Maker to quote
any percentage of appointed classes so long as the Market Maker meets
the requirement that it enters quotes aggregating 60% of the cumulative
seconds across the total seconds that its appointment classes are open
for trading. The proposed rule explicitly provides that a Market Maker
does not necessarily have to quote every appointed class. The Exchange
believes the proposed rule better accommodates the occasional issues
that may arise in a particular class, whether technical or manual. For
example, an issue may arise on the Market Maker's side in which there
is a glitch in its systems or a manual computing error that temporarily
disrupts quoting ability. The Exchange notes that the existing
requirement may at times discourage liquidity in particular classes
because a Market Maker is forced to focus on a momentary technical
lapse in order to meet the higher current thresholds, rather than using
the appropriate resources to focus on the classes that need and consume
additional liquidity. The proposed rule maintains the language
(currently in subparagraph (b)(3)) that the Exchange may announce in
advance a higher percentage than the proposed 60% of the cumulative
number of seconds requirement, which the Exchange believes may be
appropriate on occasions when doing so would be in the interest of a
fair and orderly market. This discretion is the same in the
corresponding rules of Phlx, ISE, MRX, and GEMX.\14\
---------------------------------------------------------------------------
\14\ See supra note 6.
---------------------------------------------------------------------------
The proposed rule change also moves the continuous quoting
obligation provisions to the introduction of Rule 22.6(d) from current
subparagraphs (d)(1) and (d)(3) and the same quoting exclusions from
subparagraph (d)(6). As such, the proposed rule change deletes the
language in current subparagraph (d)(3) regarding the current
continuous quoting obligation, the language in subparagraph (d)(6)
regarding series excluded, as well as the remaining language in
subparagraph (d)(6) which is consistent with C2 Rule 8.6. Additionally,
the proposed rule change incorporates the exclusion of any intra-day
add-on series on the day during which such series are added for
trading. This exclusion is consistent with corresponding C2 Rule 8.6.
The proposed change also amends the current quoting exclusion of any
series with an expiration of nine months or greater to an expiration of
greater than 270 days. The Exchange notes that Market Makers generally
already monitor expirations by a defined count of 270 days, as opposed
to a nine month count in which the number of days continuously varies.
Therefore, this proposed change intends to align the Exchange's rules
with current industry practice.\15\
---------------------------------------------------------------------------
\15\ The Exchange notes that C2 and EDGX Options are
simultaneously proposing to amend their corresponding rules to
exclude any series with an expiration of greater than 270 days.
---------------------------------------------------------------------------
Furthermore, the proposed rule change deletes the language in
current subparagraph (d)(3) (proposed subparagraph (d)(1)), which
states that a Market Maker shall be deemed to have fulfilled the
continuous quoting requirement if the Market Maker provides quotes for
the percentage of the time that it is required to provide quotes on a
given trading day, as it is
[[Page 16307]]
redundant of the language in proposed Rule 22.6(d). The proposed rule
change also makes non-substantive changes to the remaining language in
proposed subparagraph (d)(1) to conform with corresponding C2 Rule
8.6(d)(2), and modifies language in proposed subparagraphs (d)(2) and
(d)(3) (current subparagraphs (d)(4) and (d)(5)) to reflect the form
and substance in that of corresponding C2 Rules 8.6(d)(1) and
8.6(d)(4), as well as the proposed continuous quoting percentage
obligation where applicable. Additionally, the proposed rule change
moves current subparagraph (d)(2) to proposed Rule 22.6(e), and current
Rule 22.6(e) to proposed Rule 22.6(f). The revised language and
paragraph lettering mirrors that of C2 corresponding Rule 8.6(e) and
Rule 8.6(f).
As proposed, the Exchange's Market Maker requirements and quoting
obligations are substantially the same as current C2 Market-Maker
requirements and obligations. Importantly, the proposed change
incorporates C2's Chapter 8 Market Maker obligations to an appointed
class, in lieu of the current registration to a series. Additionally,
the Exchange amends its continuous quoting requirements to be
substantially similar to the requirements under other exchanges'
rules.\16\ The Exchange believes that proposed amendments to its
quoting requirements are reasonable because these requirements are
already in place on other options exchanges.\17\ The Exchange notes
that the proposed change to continuous quoting requirements creates a
clear, affirmative Market Maker obligation to hold themselves out as
willing to buy and sell securities for their own account on a
continuous basis, which justifies favorable Market Maker treatment and
will continue to provide customer trading interest a net benefit. The
Exchange further believes having consistent Market Maker requirements
and obligations in the BZX and C2 Rules, as well as with other
exchanges, will simplify the regulatory requirements for its Members
that are active across multiple exchanges.
---------------------------------------------------------------------------
\16\ See supra note 6.
\17\ See supra note 7. The same quoting requirements will be
incorporated into C2 and EDGX Options rules.
---------------------------------------------------------------------------
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.\18\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \19\ 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) \20\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------
\18\ 15 U.S.C. 78f(b).
\19\ 15 U.S.C. 78f(b)(5).
\20\ Id.
---------------------------------------------------------------------------
In particular, the Exchange believes the proposed rule change will
contribute to the protection of investors and the public interest by
having rules related to Market Maker registration, appointments, and
obligations consistent among BZX Options and its affiliated exchanges,
C2 and EDGX Options,\21\ as well as by bolstering participants'
collective understanding of the Exchange's rules and the rules of its
affiliated exchanges. The proposed rule change makes a clear
distinction between Market Maker registration and appointments to
classes in which they are obligated to make markets, and aligns the
Exchange Rules with the corresponding C2 rules. The Exchange notes that
this proposed change to have Market Maker class appointments rather
than series appointments does not propose new Market Maker obligations
as Market Makers currently quote most series of options within a class.
Therefore, the Exchanges believes the proposed change will not
significantly alter Market Maker obligations nor impose any significant
additional burden. The Exchange believes the proposed appointment to
classes, along with the amended definitions of class and series,
promotes consistency in Market Maker obligations and understanding of
the rules across BZX Options and its affiliated exchange, C2.\22\ The
Exchange believes this will result in greater uniformity and less
burdensome regulatory compliance. As such, the Exchange believes
maintaining uniformity in class and series definitions, Market Maker
class appointments and their obligations to such appointments will
foster cooperation and coordination with persons engaged in
facilitating transactions in securities and will remove impediments to
and perfect the mechanism of a free and open market and a national
market system.
---------------------------------------------------------------------------
\21\ See supra note 5 and note 7.
\22\ As well as EDGX Options. See supra note 5.
---------------------------------------------------------------------------
The Exchange believes the proposed rule change to amend Market
Makers' continuous quoting obligations will remove impediments to and
perfect the mechanism of a free and open market and a national market
system. With respect to continuous quoting obligations, the proposed
rule change seeks to conform the quoting obligations to that of the
rules of other exchanges.\23\ The Exchange currently requires a Market
Maker to quote in at least 75% the options series in which the Market
Maker is registered during 90% of the trading day. The Exchange
believes that applying a Market Maker's cumulative quoting time to the
Market Maker's aggregate appointed classes to meet a threshold of 60%
of the cumulative seconds its appointed classes are open for trading
(like that of the current requirements on other exchanges) is less
stringent than the Exchange's current requirement because of the lower
quoting time threshold and because the proposed requirement does not
consider a percentage of its appointed classes, so long as the overall
60% time requirement is met. Further, the Exchange notes that the
current continuous quoting requirement potentially discourages
liquidity at times when a Market Maker is forced to focus on making up
for a momentary lapse in a particular class rather than allocating
appropriate resources to focus on the classes that need and consume
additional liquidity, and then allowing a Market Maker to continue
quoting in the class that experienced a lapse after correcting the
applicable issue.\24\ The Exchange believes that this rule change
better accommodates these occasional lapses, whether technical or
manual, and enables a Market Maker to provide appropriate liquidity
commensurate with the needs of its appointed classes. Moreover, the
Exchange believes that it can better attract Market Makers, add
liquidity, and grow its market to the benefit of all investors, if its
quoting obligation is more aligned with that of other exchanges. The
proposed rule change supports the quality of the
[[Page 16308]]
Exchange's market by helping to ensure that Market Makers will continue
to be obligated to quote in a percentage of their appointed classes.
Ultimately, the benefit the proposed rule change confers upon Market
Makers is offset by the continued responsibilities to provide
significant liquidity to its appointed classes to the benefit of all
market participants. The Exchange believes that the proposed change to
continuous quoting requirements creates a clear, affirmative Market
Maker obligation to hold themselves out as willing to buy and sell
securities for their own account on a continuous basis, which justifies
favorable Market Maker treatment and will continue to provide customer
trading interest a net benefit. The Exchange further notes that the
proposed rule text is consistent with the Act because the quoting
obligations are substantially the same as quoting obligations on Phlx,
ISE, MRX, and GEMX today, previously filed with the Commission.\25\
Additionally, the Exchange believes the proposed rule change excluding
any series with an expiration greater than 270 days, as opposed to nine
months or greater, from a Market Maker's quoting obligations is in line
with the way in which Market Makers currently monitor expiration. As a
result, the Exchange believes that this change will foster cooperation
and coordination with persons engaged in regulating securities, as well
as facilitating transactions in securities. The proposed change will
reduce confusion by codifying an industry practice already in place and
harmonizing expiration time across the Exchange and its affiliated
exchanges.\26\ The Exchange also notes that the proposed changes are
reasonable and do not affect investor protection because the proposed
changes do not present any novel or unique issues, as they have either
been previously filed with the Commission or are codifying an industry
practice currently in place.
---------------------------------------------------------------------------
\23\ See supra note 6.
\24\ See also Exchange Rule 22.6(d)(4) (proposed Rule
22.6(d)(2)). The Exchange already accounts for technical failure or
limitation due to the automated system for order execution and trade
reporting owned and operated by the Exchange (``System'').
\25\ See supra note 6.
\26\ See supra note 12.
---------------------------------------------------------------------------
To the extent a proposed rule change within Chapter 22 is based on
an existing C2 rule within C2 Chapter 8, the language of the Exchange
rules and C2 rules may differ where necessary to conform to existing
Exchange rule text or to account for details or descriptions included
in the Exchange's rules but not in the applicable C2 rules. Where
possible, the Exchange has substantively mirrored C2 rules, as it
believes consistent rules will simplify the regulatory requirements and
increase the understanding of the Exchange's operations for Members
that are also participants on C2, as well as on EDGX Options, which is
simultaneously proposing the same changes. The proposed rule change
will provide greater harmonization between the rules of BZX Options and
its affiliated exchanges,\27\ resulting in greater uniformity and less
burdensome and more efficient regulatory compliance. As such, the
proposed rule change will foster cooperation and coordination with
persons engaged in facilitating transactions in securities and will
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------
\27\ See supra note 5.
---------------------------------------------------------------------------
The Exchange also believes that the proposed amendments will
contribute to the protection of investors and the public interest by
making the Exchange's rules easier to understand, standing alone and
collectively with its affiliated exchanges' rules.\28\ In addition, the
proposed rule change makes other non-substantive changes throughout the
rules that will protect investors and benefit market participants, as
these changes simplify or clarify rules, delete duplicative rule
provisions, conform paragraph numbering and lettering throughout the
rules, use plain English, and conform language to corresponding C2
rules where feasible.
---------------------------------------------------------------------------
\28\ Id.
---------------------------------------------------------------------------
Additionally, the Exchange believes the proposed rule change is
consistent with Section 6(b)(1) of the Act,\29\ which provides that the
Exchange be organized and have the capacity to be able to carry out the
purposes of the Act and to enforce compliance by the Exchange's Members
and persons associated with its Members with the Act, the rules and
regulations thereunder, and the rules of the Exchange. As stated, the
proposed rule change conforms its Options Market Maker rules to be
substantially similar to the Market Maker rules of its affiliated
exchange, C2. Moreover, the proposed change to a Market Maker's
continuous quoting requirements will serve to harmonize the quoting
requirement for Market Makers across its affiliated exchanges, C2 and
EDGX Options that are also proposing the same requirements. The
Exchange thus believes these proposed changes create uniformity, which
allows for the Exchange to organize consistently with its affiliated
exchanges and to more easily enforce compliance by participants on the
multiple affiliated exchanges.
---------------------------------------------------------------------------
\29\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange reiterates that
a majority of the proposed rule change is intended to harmonize the
Exchange rules with that of its affiliated exchange, C2. Thus, the
Exchange believes this proposed rule change will reduce the burden on
Exchange participants by providing consistent rules among affiliated
exchanges. The harmonizing proposed rule changes in this filing conform
to the approved rules of C2, which have already been found to be
consistent with the Act.
Additionally, the Exchange believes that the proposed rule change
to a Market Maker's continuous quoting requirements does not affect
intramarket competition. The proposed change applies an affirmative
obligation to all Market Makers to hold themselves out as continuously
willing to buy and sell options for their own account, justifying
favorable treatment and benefitting the trading interest of all
customers. The Exchange believes that the proposed change to continuous
quoting requirements does not affect intermarket competition, as this
proposal is based on other exchanges' rules previously filed with the
Commission.\30\ The Exchange also notes that to the degree that other
exchanges have varying continuous quoting obligations for Market
Makers, market participants on other exchanges are welcome to become
Options Market Makers on BZX Options if they determine that this
proposed rule change has made market making on BZX Options more
attractive or favorable. Finally, the Exchange believes that the
proposed rule change will relieve any burden on market participants
because it serves to provide Market Makers with affirmative quoting
requirements that ensure each appointed class will receive appropriate
liquidity to the benefit of all market participants who interact with
that liquidity.
---------------------------------------------------------------------------
\30\ See supra note 6.
---------------------------------------------------------------------------
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.
[[Page 16309]]
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not:
A. Significantly affect the protection of investors or the public
interest;
B. impose any significant burden on competition; and
C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \31\ and
Rule 19b-4(f)(6) \32\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------
\31\ 15 U.S.C. 78s(b)(3)(A).
\32\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
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-CboeBZX-2019-025 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-CboeBZX-2019-025. 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-CboeBZX-2019-025 and should be submitted
on or before May 9, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------
\33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-07826 Filed 4-17-19; 8:45 am]
BILLING CODE 8011-01-P