[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8146-8148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03990]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85219; File No. SR-CboeEDGX-2019-008]


Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change 
Relating To Allow the Addition of New Series of Options on an 
Individual Stock Until the Close of Trading on the Business Day Prior 
to Expiration in Unusual Market Conditions

February 28, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on February 21, 2019, Cboe EDGX Exchange, Inc. (the ``Exchange'' 
or ``EDGX'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Exchange 
filed the proposal as a ``non-controversial'' proposed rule change 
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') proposes to 
allow the addition of new series of options on an individual stock 
until the close of trading on the business day prior to expiration in 
unusual market conditions. The text of the proposed rule change is 
provided below and in Exhibit 1.
(additions are italicized; deletions are [bracketed])
* * * * *

Rules of Cboe EDGX Exchange, Inc.

* * * * *
    Rule 19.6 Series of Options Contracts Open for Trading
* * * * *
    (c) Additional series of options of the same class may be opened 
for trading on EDGX Options when the Exchange deems it necessary to 
maintain an orderly market, to meet Customer demand or when the 
market price of the underlying stock moves more than five strike 
prices from the initial exercise price or prices. The opening of a 
new series of options shall not affect the series of options of the 
same class previously opened. New series of options on an individual 
stock may be added until the beginning of the month in which the 
options contract will expire. Due to unusual market conditions, the 
Exchange, in its discretion, may add a new series of options on an 
individual stock until the close of trading on the [five (5)] 
business day[s] prior to expiration.

* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at 
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose

    The Exchange proposes to amend Rule 19.6(c) to allow for the 
addition of new series of options on an individual stock until the 
close of trading on the business day prior to expiration in unusual 
market conditions. This is a competitive proposed rule change based on 
filings submitted by the International Securities Exchange, LLC 
(``ISE'') and NASDAQ OMX BX (``BX'') to the Securities and Exchange 
Commission (``Commission'').\5\
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    \5\ See Securities Exchange Act Release 34-70900 (November 19, 
2013), 78 FR 70382 (Notice of Filing and Immediate Effectiveness of 
Proposed Rule Change To Change the Expiration Date for Most Options 
Contracts to the Third Friday of the Expiration Month Instead of the 
Saturday Following the Third Friday) (SR-ISE-2013-58); Securities 
Exchange Act Release 34-70746 (October 23, 2013), 78 FR 64563 
(Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Implement Transition to Friday Expiration for Most Options 
Contracts) (SR-BX-2013-055).
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    Currently, under Rule 19.6(c), when faced with unusual market 
conditions, the Exchange may add new series of options on an individual 
stock until five business days prior to expiration. In 2013, the 
Options Clearing Corporation (``OCC'') implemented a transition for 
standard option monthly expiration processing from Saturday to Friday. 
At this time, however, the Exchange did not list series of option 
contracts with Saturday or non-business day expiration, and 
accordingly, did not need to update its rules in line with the OCC 
initiative. Other exchanges amended their rules to reflect the OCC 
change, differentiating between Friday and Saturday or non-business day 
expirations during the transitional period. Also at this time, other 
exchanges specified that additional series of individual stock options 
may be added during unusual market conditions until the close of 
trading on the business day prior to expiration in the case of an 
option contract expiring on a business day (i.e., Thursday for Friday 
expirations), or, in the case of an option contract expiring on a day 
that is not a business day until the close of trading on the second 
business day prior to expiration (i.e., Thursday for Saturday 
expirations). The Exchange thus proposes to amend Rule 19.6(c) to allow 
specifically for the addition of new series of options on an individual 
stock until the close of trading on the business day prior to 
expiration in

[[Page 8147]]

unusual market conditions in line with other exchanges' timing 
requirements for listing series of options prior to expiration.
    The Exchange seeks to introduce this proposed change to Rule 
19.6(c) to create a uniform expiration date across exchanges for 
standard options on listed classes. The Exchange believes that keeping 
its rules consistent with those of the industry will protect all 
participants in the market by eliminating confusion, reducing the 
likelihood of rule violations due to discrepant industry rules, and by 
allowing for a more orderly market. In addition, the Exchange believes 
that keeping the proposed rule consistent with other exchange rules 
will foster better cooperation and coordination with persons engaged in 
regulating clearing, settling, processing information with respect to, 
and facilitating transactions in securities by aligning a pivotal part 
of the options processing to be consistent industry-wide
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.\6\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \7\ 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) \8\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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    In particular, the Exchange believes that keeping its rules 
consistent with those of other exchanges and industry practices will 
protect all participants in the market by eliminating confusion, thus, 
preventing investor vulnerability to violating different exchange 
rules. Additionally, the proposed change will foster cooperation and 
coordination with persons engaged in regulating clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities by aligning the timing of series of options listing 
during unusual market conditions to be consistent industry-wide. 
Further, as the industry-wide transition from Saturday (and non-
business day) expiration dates to Friday (or other business days) 
expiration dates was successful, the Exchange believes the proposed 
rule change will remove a discrepant industry impediment and allow for 
a more orderly market by permitting all options markets, including the 
clearing agencies, to have the same expiration date for series of 
options listed during periods of unusual market conditions. The 
proposed rule change also perfects the mechanism of a free and open 
market by allowing for the Exchange to list additional series of 
options on an individual stock closer to expiration during unusual 
market conditions thus better aligning the listed series of options 
with prices near expiration. Finally, the proposed rule change does not 
permit unfair discrimination between any Members as it is applied to 
all Members equally.

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. In this regard and as 
indicated above, the Exchange notes that the rule change is being 
proposed as a competitive response to proposals previously filed by ISE 
and BX with the Commission.\9\ The proposed rule change will allow for 
the Exchange to list additional series of options on an individual 
stock closer to expiration during unusual market conditions thus better 
aligning the listed series of options with prices near expiration.
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    \9\ See supra note 5.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \12\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay. The 
Exchange believes that waiver of the operative delay is consistent with 
the protection of investors and the public interest because it is 
substantially similar in all material respects to prior filings from 
ISE and BX,\14\ and does not raise any new or novel issues. For this 
reason, the Commission believes that waiver of the 30-day operative 
delay is consistent with the protection of investors and the public 
interest. Therefore, the Commission hereby waives the operative delay 
and designates the proposal as operative upon filing.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See supra note 5.
    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is 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 shall 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,

[[Page 8148]]

including whether the proposed rule change is consistent with the Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please 
include File Number SR-CboeEDGX-2019-008 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-CboeEDGX-2019-008. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change; the Commission does not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-CboeEDGX-2019-008 and should 
be submitted on or before March 27, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03990 Filed 3-5-19; 8:45 am]
BILLING CODE 8011-01-P