[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46069-46075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18870]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86772; File No. SR-CBOE-2019-042]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rules Related to How the System Handles Incoming Orders and Open Outcry 
Trading in Connection With the Migration of the Exchange's Trading 
Platform to the Same System Used by the Cboe Affiliated Exchanges

August 27, 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 August 9, 2019, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe 
Options'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
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 Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes 
to amend certain Rules related to how the System \5\ handles incoming 
orders and open outcry trading, as well as move these Rules from the 
currently effective Rulebook (``current Rulebook'') to the shell 
structure for the Exchange's Rulebook that will become effective upon 
the migration of the Exchange's trading platform to the same system 
used by the Cboe Affiliated Exchanges (as defined below) (``shell 
Rulebook''). The text of the proposed rule change is provided in 
Exhibit 5.
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    \5\ The term ``System'' means the Exchange's hybrid trading 
platform that integrates electronic and open outcry trading of 
option contracts on the Exchange, and includes any connectivity to 
the foregoing trading platform that is administered by or on behalf 
of the Exchange, such as a communications hub. See Rule 1.1 in the 
current Rulebook and the shell Rulebook.
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    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these 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
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc. 
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also 
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe 
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or 
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX 
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with 
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated 
Exchanges''). The Cboe Affiliated Exchanges are working to align 
certain system functionality, retaining only intended differences 
between the Cboe Affiliated Exchanges, in the context of a technology 
migration. Cboe Options intends to migrate its trading platform to the 
same system used by the Cboe Affiliated Exchanges, which the Exchange 
expects to complete on October 7, 2019. In connection with this 
technology migration, the Exchange has a shell Rulebook that resides 
alongside its current Rulebook, which shell Rulebook will contain the 
Rules that will be in place upon completion of the Cboe Options 
technology migration.
    Currently, the Exchange has an order handling system that 
determines how to handle incoming orders. The order handling system 
routes orders for automatic execution, book entry, open outcry, or 
manual handling (by a Floor Broker or PAR Official).\6\ How the System 
handles an order depends on whether an order is eligible for electronic 
processing (i.e., eligible for automatic execution or book entry) or 
the Trading Permit Holder's instructions on the order (e.g., a Trading 
Permit Holder may route an order directly to a PAR workstation \7\ for 
manual handling and potential open outcry trading). Additionally, 
certain Rules provide that an order will route for manual handling if 
it does not execute pursuant to those Rules.\8\ The Exchange's new 
trading platform will not have an order handling system, and therefore 
deletes the majority of provisions in current Rule 6.12 and other 
provisions regarding the order handling system. Instead, the System 
will handle orders in accordance with their instructions. Certain 
orders will be eligible for electronic processing, while other orders 
will be eligible for manual handling and open outcry trading, as set 
forth in the proposed Rules and described below.
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    \6\ See current Rule 6.12.
    \7\ A PAR workstation is an order management tool used on the 
Exchange's trading floor by Trading Permit Holders or PAR Officials 
(whose responsibilities are described in current Rule 6.12B (which 
the proposed rule change moves to proposed Rule 5.90)) to facilitate 
manual handling of orders and open outcry trading.
    \8\ See, e.g., Rule 6.12(a)(1) (which provides any remaining 
balance of an order that does not automatically execute are cannot 
enter the Book will route to a PAR workstation or order management 
terminal). Upon the migration of the trading platform, the Exchange 
will no longer offer order management terminals (as all Floor 
Brokers have PAR workstations on the trading floor, and order 
management terminals provide similar order management 
functionality), so all orders routed for manual handling will route 
to a PAR workstation.
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    The proposed rule change adds the following order instructions to 
Rule 5.6 in the shell Rulebook:
     A ``Default'' order is an order a User designates for 
electronic processing, and which order (or unexecuted portion) routes 
to PAR for manual handling if not eligible for electronic processing.
     A ``Direct to PAR'' order is an order a User designates to 
be routed directly to a specified PAR workstation for manual handling. 
A User must

[[Page 46070]]

designate a Direct to PAR order as RTH Only.\9\
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    \9\ Pursuant to Rule 5.1(c), trading during the Exchange's 
Global Trading Hours (``GTH'') trading session is electronic only.
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    These Order Instructions, in addition to the Electronic Only \10\ 
instruction in Rule 5.6(c) in the shell Rulebook, essentially 
``replace'' the Exchange's current order handling system.
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    \10\ An ``Electronic Only'' order is an order a User designates 
for electronic execution (in whole or in part) on the Exchange only, 
and does not route to PAR for execution in open outcry. The System 
cancels an Electronic Only order that would otherwise route to PAR 
pursuant to the Rules.
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    Current Rule 6.12A(c) states unless otherwise specified in the 
Rules or the context indicates otherwise, all order types in current 
Rule 6.53 are eligible to route to PAR, except attributable orders, 
intermarket sweep orders (``ISOs''), AIM sweep orders, sweep and AIM 
orders, reserve orders,\11\ qualified contingent cross (``QCC'') 
orders, and Market-Maker Trade Prevention Orders may not be routed to 
PAR. The proposed rule change provides in Rule 5.6(c) and (d) that 
Users may not designate orders with the following Order Instructions or 
Times-in-Force as Direct to PAR (and thus they may not route to PAR for 
manual handling \12\ or trade in open outcry), because manual handling 
of these orders would generally be inconsistent with their defined 
purposes: \13\
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    \11\ The Exchange does not intend to offer reserve complex 
orders following the technology migration.
    \12\ As further discussed below, a Floor Broker that receives an 
order via PAR for manual handling has discretion with how to handle 
the order.
    \13\ See Rule 5.6(c) and (d) in the shell Rulebook. While stop 
and stop-limit orders are eligible for routing for manual handling 
today, the Exchange has authority pursuant to current Rules 6.12A 
and 6.53 to determine to make them not eligible for routing for 
manual handling. The Exchange believes there is minimal demand for 
these order types to route to PAR given the purpose of these order 
types (which is to rest and become eligible for automatic execution 
as soon as the series reaches a specified price), and Users have the 
ability to send these orders for electronic processing or send other 
orders to PAR for manual handling if they so desire.
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     All Sessions; \14\
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    \14\ As noted above, there is no open outcry trading during the 
Exchange's GTH trading session.
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     Book Only;
     Cancel Back;
     ISO; \15\
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    \15\ This is consistent with current Rule 6.12A(c).
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     Post Only;
     Price Adjust;
     QCC; \16\
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    \16\ This is consistent with current Rule 6.12A(c). The proposed 
rule change makes nonsubstantive changes to the definition of QCC 
orders, including to add subheadings, update paragraph lettering and 
numbering, and make other clarifying changes, as well as conform 
language to the definition of a QCC order in EDGX Options Rule 
21.1(d).
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     Reserve; \17\
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    \17\ This is consistent with current Rule 6.12A(c).
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     Stop;
     Stop-limit;
     Fill-or-kill;
     Good-til-date;
     Immediate-or-cancel;
     Limit-on-close;
     Market-on-close; and
     At the open.
    Proposed Rule 5.6(c) also identifies certain Order Instructions 
that are only available for PAR routing and open outcry trading:
     Multi-Class Spread Order (which may only execute on the 
Exchange's trading floor pursuant to current Rule 24.19);
     Not Held order (which by definition is subject to 
discretion regarding execution); \18\ and
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    \18\ The proposed rule change deletes the language in the 
definition of a ``not held'' order regarding the need to be marked, 
as it is redundant of the not held order message that signifies it 
is a not held order.
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     SPX Combo (which may only execute on the Exchange's 
trading floor pursuant to current Rule 24.20).
    All other orders may be routed for electronic processing or manual 
handling.
    The proposed rule change amends the definition of complex order in 
Rule 1.1 of the shell Rulebook. Currently, the term complex order means 
any order involving the concurrent execution of two or more different 
series in the same class, for the same account, occurring at or near 
the same time and for the purpose of executing a particular investment 
strategy with no more than the applicable number of legs (which number 
the Exchange determines on a class-by-class basis). The current 
definition also states for purposes of Rules 5.4 (regarding permissible 
minimum increments for bids and offers), 5.85 (regarding complex order 
priority in open outcry trading), 5.86 (regarding open outcry 
facilitations and solicitations), and 5.87 (regarding open outcry 
crossing) in the shell Rulebook, the term complex order means a spread 
order, combination order, straddle order, or ratio order (each as 
defined in Rule 5.6 in the shell Rulebook.\19\
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    \19\ The current definition also provides that a definition for 
complex order for the purposes of electronic processing will be 
added to Rule 5.33 of the shell Rulebook (which the Exchange intends 
to add in a separate rule filing).
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    The Exchange believes the current definition of complex order is 
unnecessarily restrictive on market participants. Market participants 
may determine that investment and hedging strategies within the 
specified ratio are appropriate for their investment purposes, and the 
Exchange believes it will benefit market participants if they can 
define the investment and hedging strategies that may help them achieve 
their desired investment results. The Exchange does not believe it is 
necessary to restrict complex orders submitted for execution to those 
that fit within the definitions of straddle, combination, or spread. 
Therefore, the proposed rule change deletes those defined terms, as 
well as the term ratio order, and provides that any multi-leg order (up 
to the maximum number of legs specified by the Exchange) with a ratio 
equal to or greater than one-to-three (.333) and less than or equal to 
three-to-one (3.00) (which ratio is consistent with the current 
definition of ratio order) \20\ may be executed on the Exchange 
electronically or in open outcry on the Exchange's trading floor.\21\ 
Therefore, all multi-legged orders with a ratio equal to or greater 
than one-to-three (.333) and less than or equal to three-to-one (3.00) 
(and not just spread, straddle, and combination orders) may trade in 
penny increments pursuant to Rule 5.4 in the shell Rulebook (including 
electronically pursuant to Rule 5.33 and in open outcry pursuant to 
Rule 5.85 in the shell Rulebook), and may be eligible for the complex 
order priority in Rule 5.85(b)(1) in open outcry trading.\22\ The 
proposed rule change makes conforming changes to Rules 5.4 \23\ and 
5.30 in the shell Rulebook.\24\ In other words, the proposed rule 
change has no impact on the minimum trading increment or priority of 
complex orders as currently defined in the shell Rulebook--it merely 
expands the types of complex order strategies within the permissible 
range of ratios that may receive complex order increment 
(electronically and in open

[[Page 46071]]

outcry) and open outcry priority treatment.\25\
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    \20\ See current Rule 6.53 (Rule 5.6(c) in the shell Rulebook).
    \21\ See proposed Rules 1.1, 5.6, and 5.30 in the shell 
Rulebook. In a separate rule filing, the Exchange intends to adopt 
rules regarding the trading of complex orders following the 
technology migration.
    \22\ See proposed Rules 1.1 (definition of complex order), 
5.4(b), 5.6(c), and 5.85(b).
    \23\ The proposed rule change also updates the expiration date 
of the penny pilot program in Rule 5.4, Interpretation and Policy 
.03 of the shell Rulebook. The Exchange previously ``moved'' its 
rule regarding minimum increments from Rule 6.42 in the current 
Rulebook to Rule 5.4 of the shell Rulebook (see Securities Exchange 
Act Release No. 86173 (June 20, 2019), 84 FR 30267 (June 26, 2019) 
(SR-CBOE-2019-027). After that filing, the Exchange submitted a rule 
filing to extend the penny pilot program through December 31, 2019. 
See Securities Exchange Act Release No. 86148 (June 19, 2019), 84 FR 
29906 (June 25, 2019) (SR-CBOE-2019-028). The proposed rule change 
amends Rule 5.4 to reflect the current expiration of the penny pilot 
program in the shell Rulebook, but makes no change to the penny 
pilot program.
    \24\ Proposed Rule 5.85(b) also clarifies that only complex 
orders with ratios greater than one-to-three (.333) or less than 
three-to-one (3.00) are eligible for complex order priority in open 
outcry trading.
    \25\ Pursuant to the proposed rule change, complex orders with 
any ratio may trade on the Exchange's trading floor pursuant to the 
rules regarding solicitation and crossing (current Rules 6.9 and 
6.74, which the proposed rule change moves to Rules 5.86 and 5.87, 
respectively). However, any complex order trades pursuant to those 
Rules will be subject to the minimum increment and priority Rules 
described in this rule filing. Other options exchanges have similar 
definitions of complex orders. See, e.g., BOX Exchange LLC (``BOX'') 
Rule 7600(a)(4); and Nasdaq Phlx, LLC (``Phlx'') Rule 1098(a)(i) and 
(c)(iii).
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    The proposed rule change also clarifies that market participants 
may submit a complex order with any strategy and any ratio for manual 
handling and open outcry trading.\26\ The proposed rule change makes 
explicit that a complex order (and its legs) with a ratio of less than 
one-to-three (.333) or greater than three-to-one (3.00) may trade in 
open outcry on the Exchange's trading floor in the standard trading 
increment for the class, and that each leg price be better than the 
price of a Priority Customer order in the Book on each leg of the 
order. This is equivalent to a market participant submitting multiple 
simple orders in the same class for open outcry trading (they would 
trade in the permissible minimum increments in Rule 5.4(a) in the shell 
Rulebook, and each would need to be price better than a Priority 
Customer order in the book in the applicable series, as set forth in 
proposed Rule 5.85(a)).\27\ The proposed rule change merely clarifies 
that market participants may submit these as a single complex order for 
manual handling and execution on the Exchange's trading floor, which 
will permit more efficient execution of complex trading strategies 
outside of the specified ratio.
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    \26\ By clarifying in the definition of complex order that, for 
purposes of Rule 5.33 in the shell Rulebook (which will be moved 
from Rule 6.53C in the current Rulebook and describe the electronic 
processing of complex orders), a complex order may only have a ratio 
equal to or greater than one-to-three and less than or equal to 
three-to-one to be eligible for electronic processing.
    \27\ See proposed Rules 1.1, 5.4, 5.6, and 5.85(b) in the shell 
Rulebook.
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    The proposed rule change also adopts Rule 5.83 in the shell 
Rulebook to explicitly state which orders may be eligible for PAR 
routing (and open outcry trading), which include market and limit 
orders, all-or-none orders, minimum quantity orders, multi-class spread 
orders, not held orders, RTH Only orders, SPX combo orders, Day orders, 
and GTC orders. Additionally, the Exchange may make complex orders, 
including security future-option orders, and stock-option orders 
available for PAR routing and manual handling, as it consistent with 
current functionality.\28\
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    \28\ See Rules 6.12A(c) and 6.53 (in the current Rulebook) 
(which provide that certain order types in Rule 6.53 are eligible 
for routing to PAR, and that the Exchange may determine which order 
types in Rule 6.53 are available on a class and system (including 
PAR) basis). In a separate rule filing, the Exchange intends to 
adopt rules regarding the trading of complex orders following the 
technology migration.
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    The proposed rule change adopts Rule 5.84 in the shell Rulebook to 
provide that open outcry trading on the Exchange's trading floor may 
begin in a series after it opens for electronic trading pursuant to 
Rule 5.31 of the shell Rulebook. This is consistent with when open 
outcry trading may begin today, and the proposed rule change merely 
codifies this in the Rules.
    The proposed rule change moves the following Rules (and deletes 
portions of those Rules that will no longer be applicable following the 
System migration) from the current Rulebook that apply solely to the 
Exchange's trading floor and open outcry trading into Chapter 5, 
Section G of the shell Rulebook. The Exchange believes it will benefit 
investors if all Rules that only relate to this type of trading are 
contained in the same portion of the Rulebook. Other than certain 
changes described below, the proposed rule change makes only 
nonsubstantive changes to these Rules, including to update paragraph 
lettering and numbering, make grammatical changes and make the language 
more plain English, change times from Central Time to Eastern Time (to 
be consistent with the Rule provisions in the shell Rulebook),\29\ 
delete provisions regarding the announcement of Exchange determinations 
by Regulatory Circular (as those will occur pursuant to Rule 1.5 in the 
shell Rulebook), add paragraph headings, simplify certain provisions, 
update cross-references, and incorporate defined terms.
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    \29\ See Rule 1.6 in the shell Rulebook.
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     Current Rule 6.9 regarding facilitated and solicited 
transactions moves to proposed Rule 5.86.\30\ The proposed rule change 
deletes a reference to an old regulatory circular regarding front-
running prohibitions, which are considered a violation of current Rule 
4.1 (which the Exchange proposes to move to Rule 8.1 in the shell 
Rulebook). The Exchange intends to re-issue the circular and add 
certain portions to the Rules as appropriate, in a separate rule 
filing. Additionally, current Rule 6.9(f) requires orders that result 
from a solicitation to be marked in a manner and form prescribed by the 
Exchange. The Exchange no longer intends to impose that requirement. 
Whether an order is solicited is only relevant with respect to how it 
is represented on the trading floor; however, the Exchange does not 
incorporate any such markings into its surveillances and thus does not 
believe it is necessary to require a systematic marking.
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    \30\ Proposed Rule 5.86 is renamed ``Facilitated and Solicited 
Transactions.'' While current Rule 6.9 is called ``Solicited 
Transactions,'' pursuant to current Rule 6.9, Interpretation and 
Policy .01, the rule applies to solicited orders, including 
facilitation orders. The Exchange believes updating the name of the 
Rule will clarify its application to investors.
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     Current Rules 6.12(a)(1) and 6.13(b) regarding how the 
System handles incoming orders (whether they automatically execute at 
one price or multiple prices, rest on the Book, or route to PAR for 
manual handling) to proposed Rule 5.8.\31\ The proposed rule change 
deletes language regarding the Exchange designating an eligible order 
size, type, origin code, or classes for which automatic execution is 
available from Rule 6.13(a) and(b)(i) and (ii).\32\ Orders in all 
classes of all sizes and for all origin codes may execute automatically 
upon entry, subject to a User's instructions (as discussed above, 
orders with certain Order Instructions and Times-in-Force are only 
eligible to route to PAR may not automatically execute upon entry or 
rest in the Book). The proposed rule change also deletes current Rule 
6.13(c) regarding users that may access the System for automatic 
execution of orders. Rule 5.5 describes how Users (including order 
entry firms) \33\ will be able to establish access and connectivity to 
the System following the technology migration to enter orders both for 
electronic processing and manual handling. The remainder of Rule 
6.13(c) describes requirements that apply to all Users (such as 
complying with all Rules), and thus the proposed rule change deletes 
those redundant provisions. For example, all TPHs must comply with the 
Exchange's trading rules and procedures, and all features of automatic 
execution on the Exchange's System are available to the public in the

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Exchange's Rules and other documents available on the Exchange's 
website.\34\ Other Rules (for example, Rule 4.24 regarding supervision 
and Rule 9.8 regarding supervision of accounts) require TPHs to develop 
and maintain adequate procedures and controls over their business 
activities, which would include order entry.\35\
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    \31\ The proposed rule change also renumbers Rule 5.8 in the 
shell Rulebook (regarding order exposure) to Rule 5.9 in the shell 
Rulebook.
    \32\ The proposed rule change also deletes current Rule 
6.13(b)(vii), as it is redundant of language in Rule 5.32 of the 
shell Rulebook.
    \33\ Order entry firms is currently defined in Rule 1.1 in the 
shell Rulebook, so the proposed rule change deletes provisions in 
Rule 6.13 regarding the functions of an order entry firm. The 
proposed rule change also updates the definition of order entry firm 
in Rule 1.1 of the shell Rulebook to eliminate the cross-reference 
to Rule 3.51, as the Exchange does not anticipate having a separate 
rule regarding order entry firms. This is consistent with the 
definition of order entry firms in the rules of Cboe Affiliated 
Exchanges. See, e.g., C2 Rule 1.1 and EDGX Rule 16.1.
    \34\ Current Chapter IX (which the Exchange intends to move to 
Chapter 9 of the shell Rulebook) describes requirements for firms 
that do business with the public.
    \35\ Additionally, Rule 15c3-5 under the Exchange Act requires a 
broker-dealer with market access, or that provides any person with 
access to an exchange, to establish, document, and maintain a system 
of risk management controls and supervisory procedures reasonably 
designed to manage the financial, regulatory, and other risks, such 
as legal and operational risks, related to market access, which 
would include order entry.
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     Current Rule 6.12A regarding PAR moves to Rule 5.82. The 
proposed rule change deletes the portion of the current introductory 
paragraph in current Rule 6.12A regarding the order handling system 
(which, as discussed above, is being replaced by Order Instructions). 
The proposed rule change adds to current Rule 6.12A(b)(ii) (proposed 
Rule 5.82(c)(2)) that Trading Permit Holders may use PAR to trade 
against Priority Customer orders and other orders resting at the best 
available price in the Book, which is consistent with current 
functionality and open outcry priority and allocation rules (current 
Rule 6.45(b), which the proposed Rule change moves to Rule 5.85(a), as 
discussed below). The proposed rule change is merely adding this detail 
to the Rules. Additionally, the proposed rule change adds proposed Rule 
5.82(c)(4) to provide that Trading Permit Holders may route orders to 
another PAR workstation. This is similar to current Rule 6.12(a)(2), 
which provides orders may be routed back and forth between order 
management terminals and PAR workstations. As noted above, the Exchange 
will no longer offer order management terminals, and so the Exchange 
will provide the same service for order routing between PAR 
workstations (which are merely a different type of order management 
terminals). As discussed above, the Exchange will no longer have an 
order handling system, and Order Instructions will determine whether an 
order may route to PAR. As discussed above, only orders not eligible 
for electronic processing (as specified in the proposed Rules) may be 
routed to PAR. Proposed Rule 5.83 sets forth whether a specific order 
type is eligible to route to PAR, as described above. The proposed rule 
change deletes current Rule 6.12A(d), as the proposed rule change 
describes PAR functionality as of the System migration. The Exchange 
will continue to issue additional notices or technical specifications 
regarding the operation of PAR workstations.\36\
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    \36\ See, e.g., technical specifications on the Exchange's 
website at http://markets.cboe.com/us/options/support/technical/.
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     Current Rule 6.12B regarding PAR Officials moves to 
proposed Rule 5.90. The Exchange notes proposed Rule 5.90(b)(1)(C) 
deletes references to market-if-touched, market-on-close (which 
includes limit-on-close pursuant to current Rule 6.53), stop, stop-
limit, fill-or-kill, and immediate-or-cancel orders). Currently, those 
orders are excluded from a PAR Official's display obligation. However, 
as discussed above, these orders will no longer be eligible to route to 
PAR, and thus it is no longer necessary to reference them.
     Current Rule 6.20(a) through (d) regarding admission to 
and conduct on the Exchange's trading floor moves to proposed Rule 
5.80. The proposed rule change deletes the last sentence of current 
Rule 6.20(d) regarding quote terminals on the trading floor, as quote 
terminals are obsolete and no longer used. Current Rule 6.20(e) 
regarding TPH education moves to proposed Rule 3.12, as it relates to a 
TPH's registration requirements rather than open outcry trading. The 
Exchange notes it deletes the provision from current Rule 6.20(e) 
(proposed Rule 3.12) that states any action taken by Floor Officials 
under that provision does not preclude further disciplinary action 
under current Chapter XVII (proposed Chapter 13) under the Rules. There 
is no action that Floor Officials may take with respect to TPH 
educational classes, and the Exchange may take action pursuant to 
current Chapter XVII (proposed Chapter 13), therefore this provision is 
unnecessary.
     Current Rule 6.23 regarding equipment and communications 
on the Exchange's trading floor moves to proposed Rule 5.81.
     Current Rules 6.41, Interpretation and Policy .01 and 
24.8, Interpretation and Policy .01 regarding complex orders submitted 
with a cash price move to proposed Rule 5.85(f). The proposed rule 
change adds some detail regarding the submission and execution of these 
orders, but does not amend how these orders may be represented or 
execute on the Exchange's trading floor.\37\ These details regarding 
the representation of orders with cash prices was set forth in a 
previous rule filing submitted to the Commission.\38\
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    \37\ The proposed rule change also adds an applicable cross-
reference to Rule 5.3(e) of the shell Rulebook regarding bids and 
offers and updates subparagraph numbering as applicable.
    \38\ See Securities Exchange Act Release No. 74551 (March 20, 
2015), 80 FR 16046 (March 26, 2015) (SR-CBOE-2015-010).
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     Current Rule 6.45(b) regarding the priority and allocation 
of bids and offers in open outcry moves to proposed Rule 5.85(a) and 
(b). The proposed rule change also incorporates the on-floor DPM or LMM 
participation entitlement into the open outcry priority provisions, 
which is consistent with current Rules \39\--the proposed rule change 
merely clarifies where this priority overlay applies within the 
allocation and priority Rules for open outcry trades. The proposed rule 
change makes no change to how the on-floor participation entitlement is 
applied.\40\ Current Rule 6.45, Interpretation and Policy .06 regarding 
the routing of the stock component of a stock-option order represented 
in open outcry moves to proposed Rule 5.85(b). The proposed rule change 
current Rule 6.45(b)(iii), which states the open outcry allocation and 
priority provisions are subject to current Rules 8.7, Interpretation 
and Policy .02 and Rule 8.51. Those Rules relate to Market-Maker 
obligations, to which Market-Makers are always subject, and thus the 
Exchange does not believe it is necessary to include a reference to 
those rules here.
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    \39\ See current Rules 8.15(d) and 8.87. As is the case for 
electronic trading (see Rule 5.32 in the shell Rulebook), the LMM/
DPM participation entitlement may only be applied after Priority 
Customer orders at the same price trade.
    \40\ LMMs and DPMs will continue to only be able to receive a 
participation entitlement if they have an appointment in the 
relevant class, and if they have a quote at the best price. 
Additionally, LMMs and DPMs may not be allocated a total quantity of 
contracts greater than the quantity that they quote at the best 
price.
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     Current Rule 6.47 regarding split-price priority (which 
only applies to open outcry trading) moves to proposed Rule 5.85(c).
     Current Rule 6.56 regarding compression forums moves to 
proposed Rule 5.88.
     Current Rule 6.57 regarding risk-weighted asset (RWA) 
transactions moves to proposed Rule 5.89.
     Current Rule 6.73 regarding Floor Broker responsibilities 
moves to proposed Rule 5.91(a) and (b). Current Rule 6.73(c) is 
duplicative of language in current Rule 6.75 (which the proposed rule 
change moves to proposed Rule 5.91(c)), and thus the proposed rule 
change deletes the redundant language. The proposed rule change deletes 
current Rule 6.73(b), because the Exchange will no longer have market-
if-touched orders following the System migration, and, as discussed

[[Page 46073]]

above, market-on-close (which includes limit-on-close pursuant to 
current Rule 6.53), stop, and stop limit orders will no longer be 
eligible to route to PAR, and thus will not be available for Floor 
Broker handling.\41\ The proposed rule change amends current Rule 6.73, 
Interpretation and Policy .01 (which moves to proposed Rule 5.91(a)(1)) 
to state a Floor Broker must due diligence in handling and executing an 
order by announcing to the trading crowd a request for quotes, rather 
than making all persons in the trading crowd aware of a request for 
quotes. While a Floor Broker must use best efforts to make as many 
people in the crowd aware of a request for quotes, given the size and 
activity (and thus, noise volume) in certain trading crowds, a Floor 
Broker cannot guarantee that all persons in a trading crowd will hear 
and thus be aware of a request for quotes. Additionally, the proposed 
rule change deletes references in current Rule 6.73, Interpretations 
and Policies .03 and .04 to the dissemination the trading crowd market 
quote and a related obligation, as trading crowd quotes are no longer 
disseminated. Rule 8.51 regarding firm quote obligations (which the 
Exchange intends to move to Rule 5.52 in the shell Rulebook) applies to 
all orders and quotes on the Exchange.
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    \41\ Similarly, the Exchange deletes current Rules 21.17 and 
23.12 (regarding the handling by Floor Brokers of contingency orders 
for government securities options and interest rate options (which 
the Exchange does not currently list for trading)), as those rules 
replace current Rule 6.73(b), which the proposed rule change 
deletes. Floor Brokers will no longer be able to handle any of these 
contingency orders.
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     Current Rule 6.74 regarding crossing orders in open outcry 
moves to proposed Rule 5.87.
     Current Rule 6.75 regarding discretionary transactions 
moves to proposed Rule 5.91(c). The proposed rule change moves all 
rules regarding Floor Broker responsibilities into a single proposed 
Rule 5.91.\42\
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    \42\ The proposed rule change also deletes Rules 6.76 and 6.76A 
from the current Rulebook, as they were previously deleted.
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     Current Rule 6.79 regarding Floor Broker practices moves 
to proposed Rule 5.91(d) through (j).\43\ The proposed rule change 
deletes the portion of current Rule 6.79 that restates Exchange Act 
requirements regarding record retention requirements for Floor Brokers, 
as the Rule states a Floor Broker must comply with the Exchange Act and 
Exchange Rules regarding documentation and record-keeping, making 
restatement of the Exchange Act provisions redundant and unnecessary.
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    \43\ These include practices related to the liquidation or 
reduction of error account positions, erroneously executed orders, 
lost or misplaced market orders, legging multi-part orders, print-
throughs, stopping orders, and documentation of errors and 
recordkeeping requirements.
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     Current Rule 24.19(a) and (b) regarding the definition of 
a multi-class spread order moves to proposed Rule 5.6(c), so that all 
Order Instructions that will be available on the Exchange are included 
in the same place within the Rules. The proposed rule change adds to 
the Rules the current combinations of broad-based index options the 
Exchange has determined may trade as multi-class spread orders.\44\ 
Current Rule 24.19(c) regarding how a multi-class spread order may 
execute moves to proposed Rule 5.85(d), so that all provisions 
regarding how orders may trade in open outcry are included in the same 
place within the Rules. The proposed rule change makes no changes 
regarding how multi-class spreads may execute on the Exchange.
---------------------------------------------------------------------------

    \44\ See Cboe Options Regulatory Circular RG16-136 (August 11, 
2016).
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     Current Rule 24.20(a) and Interpretation and Policy .01 
regarding the definition of an SPX Combo Order move to proposed Rule 
5.6(c), so that all Order Instructions that will be available on the 
Exchange are included in the same place within the Rules. Current Rule 
24.20(b) regarding how an SPX Combo Order may execute moves to proposed 
Rule 5.85(e), so that all provisions regarding how orders may trade in 
open outcry are included in the same place within the Rules. The 
proposed rule change makes no changes regarding how SPX Combo Orders 
may execute on the Exchange. The proposed rule change deletes the 
requirement that TPHs apply an indicator one SPX Combo, as the new 
``SPX Combo'' order instruction replaces the need for a separate 
indictor, as it will be the only order type that may execute pursuant 
to the procedures set forth in current Rule 24.20 (proposed Rule 
5.85(e)).
     Current Rule 24.21 regarding crowd space dispute 
resolution procedures moves to proposed Rule 5.93. The current rule 
states the Exchange may apply these procedures to OEX, SPX, DJX, DIA 
and any index option not located at a station shared with equity 
options. Currently, these procedures apply only to the SPX and VIX 
index option crowds, so proposed Rule 5.93 explicitly states these 
procedures will only apply to spaces within those trading crowds.
     Current Rule 24.22 regarding the allocation of trading 
spaces moves to proposed Rule 5.92.
     Current Rule 24A.6 regarding a Floor Broker's discretion 
with respect to the number of FLEX contracts it may transact moves to 
proposed Rule 5.91(c)(2)(B), so that all provisions regarding Floor 
Broker discretion are contained within the same part of the Rules.
    The proposed rule change also amends Rule 5.32 of the shell 
Rulebook to delete three inadvertent references to the ``EDGX Options 
Book'' and instead refers to the term ``Book,'' which is defined in 
Rule 1.1 of the shell Rulebook as the electronic book of simple orders 
and quotes maintained by the System, which single book is used during 
both the RTH and GTH trading sessions. In addition, the proposed rule 
change corrects an error in the paragraph number in Rule 5.32(b), which 
currently has two subparagraphs labeled as (2). These proposed changes 
make no changes to any functionality--they merely correct errors in the 
shell Rulebook.
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.\45\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \46\ 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) \47\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78f(b).
    \46\ 15 U.S.C. 78f(b)(5).
    \47\ Id.
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    In particular, the proposed elimination of the Exchange's order 
handling system, which the Exchange proposes to replace with Order 
Instructions that will dictate whether an order will route for 
electronic processing or manual handling, as well as specific Rules 
regarding eligibility of Order Instructions and Times-in-Force for 
electronic processing or manual handling (or both) will benefit 
investors

[[Page 46074]]

by providing them with more control regarding how their orders will be 
processed upon submission to the Exchange. The Exchange believes the 
proposed rule change simplifies the process pursuant to which the 
System handles order, and will provide Users with more certainty 
regarding how the Exchange will process their orders. The Exchange 
notes the proposed elimination of order management terminals will have 
minimal impact on Users on the trading floor, as all Floor Brokers use 
PAR workstations (which provide similar order management tools as order 
management terminals). The Exchange believes this will further simplify 
manual handling of orders on the Exchange's trading floor.
    The proposed rule change also benefits investors by adding 
transparency regarding which orders are eligible for electronic 
processing, and which orders are eligible for manual handling. The 
Exchange currently has authority pursuant to Rules 6.12A and 6.53 in 
the current Rulebook to determine which orders are eligible for 
electronic processing and PAR routing, and the proposed rule change is 
consistent with that authority.
    The proposed rule change regarding the definition of a complex 
order will remove impediments to and perfect the mechanism of a free 
and open market and a national market system, and, in general, to 
protect investors. Market participants may determine that investment 
and hedging strategies within the specified ratio are appropriate for 
their investment purposes and refer to submit those orders for 
execution. The Exchange believes it will benefit market participants if 
they can define the investment and hedging strategies that may help 
them achieve their desired investment results. As discussed above, the 
proposed rule change has no impact on which complex orders may trade in 
permissible complex order increments or receive complex order priority 
in open outcry trading--the proposed rule change merely expands the 
potential strategies with ratios of greater than or equal to one-to-
three and less than or equal to three-to-one that may be executed on 
the Exchange (electronically or in open outcry), trade in complex order 
increments permissible in Rule 5.4 in the shell Rulebook, and receive 
complex order priority in open outcry trading in Rule 5.85(b) in the 
shell Rulebook (as proposed). The proposed rule change also benefits 
investors by clarifying that a complex order (and its legs) with a 
ratio less than one-to-three or greater than three-to-one is only 
eligible for manual handling and open outcry trading in the standard 
increment for the class, and may not receive complex order priority in 
open outcry trading. Additionally, other options exchanges have similar 
definitions of complex orders.\48\
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    \48\ See, e.g., BOX Exchange LLC (``BOX'') Rule 7600(a)(4); and 
Nasdaq Phlx, LLC (``Phlx'') Rule 1098(a)(i) and (c)(iii).
---------------------------------------------------------------------------

    The Exchange believes the proposed reorganization of Rules to move 
all Rules that relate solely to open outcry trading on the Exchange's 
trading floor will also benefit investors and remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system. The majority of the changes in the proposed rule change move 
rules from the current Rulebook to the shell Rulebook with no 
substantive changes. The proposed nonsubstantive changes to the Rules 
provide additional detail in the rule regarding current functionality, 
make the Rules more plain English, update cross-references and 
paragraph lettering and numbering, delete duplicative language, and 
simplify rule language, which all benefit investors. The Exchange 
believes these changes and transparency will protect investors, as they 
provide more clarity and reduce complexity within the Rules.

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 does not 
believe the proposed rule change will impose any burden on intramarket 
competition, as they will apply to all Users in the same manner. All 
Users may submit orders for electronic processing or manual handling 
(including complex orders as proposed) as eligible pursuant to the 
proposed rule change, and the System will handle orders from Users in 
the same manner. Submission of orders for electronic processing or 
manual handling will be within Users' discretion. The Exchange does not 
believe the proposed rule change will impose any burden on intermarket 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act, because it only impacts how the System will route 
orders for electronic processing or manual trading on the Exchange, but 
will have no impact on how orders will be executed on the Exchange. 
Regarding the expanded definition of complex orders that may be 
submitted to the Exchange for electronic processing, the Exchange notes 
other options exchanges have similar definitions of complex orders.\49\ 
The proposed nonsubstantive changes are not intended to have any impact 
on competition, as they do not impact trading on Cboe Options.
---------------------------------------------------------------------------

    \49\ See, e.g., BOX Rule 7600(a)(4); and Phlx Rule 1098(a)(i) 
and (c)(iii).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

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

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \50\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\51\ 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.
---------------------------------------------------------------------------

    \50\ 15 U.S.C. 78s(b)(3)(A).
    \51\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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.
---------------------------------------------------------------------------

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 (http://www.sec.gov/rules/sro.shtml); or

[[Page 46075]]

     Send an email to [email protected]. Please include 
File Number SR-CBOE-2019-042 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2019-042. 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-CBOE-2019-042 and should be submitted on 
or before September 24, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\52\
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    \52\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-18870 Filed 8-30-19; 8:45 am]
 BILLING CODE 8011-01-P